Liquor Licensing Act 1990
[The long title Substituted by No. 9 of 2002, s. 4, Applied:15 Sep 2003] An Act to regulate the sale of liquor
[The long title Amended by No. 24 of 2004, s. 4, Applied:01 Jan 2005][Royal Assent 16 January 1991]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
[Section 1 Amended by No. 24 of 2004, s. 5, Applied:01 Jan 2005] This Act may be cited as the Liquor Licensing Act 1990 .
The provisions of this Act commence on a day to be proclaimed.
[Section 2A Inserted by No. 51 of 2015, s. 4, Applied:01 Sep 2016](1) The object of this Act is to regulate the sale, supply, promotion and consumption of liquor so as to –(a) minimise harm arising from the misuse of liquor by –(i) ensuring that the supply of liquor is carried out in a way that is in the best interests of the community and does not, as far as practicable, detract from public amenity; and(ii) restricting undesirable liquor promotion and advertising and the supply of certain liquor products; and(iii) encouraging a culture of responsible consumption of liquor; and(b) facilitate the responsible development of the liquor and hospitality industries in a way that is consistent with the best interests of the community.(2) It is the obligation of any person on whom a function is imposed or a power is conferred under this Act to perform the function or exercise the power in such a manner as to further the object set out in subsection (1) .
[Section 3 Amended by No. 73 of 1994, s. 4 ][Section 3 Amended by No. 60 of 1994, s. 7 ]In this Act, unless the contrary intention appears –[Section 3 Amended by No. 24 of 2004, s. 6, Applied:01 Jan 2005] [Section 3 Amended by No. 9 of 2002, s. 5, Applied:15 Sep 2003] [Section 3 Amended by No. 24 of 2004, s. 6, Applied:01 Jan 2005] [Section 3 Amended by No. 9 of 2002, s. 5, Applied:15 Sep 2003] [Section 3 Amended by No. 24 of 2004, s. 6, Applied:01 Jan 2005][Section 3 Amended by No. 40 of 2003, s. 4, Applied:15 Sep 2003] associate has a meaning given by section 3A ;[Section 3 Amended by No. 7 of 2008, s. 4, Applied:02 May 2008][Section 3 Amended by No. 7 of 2008, s. 4, Applied:02 May 2008] authorized officer – see section 209 ;[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] barring order means an order served or given under section 81(2) or (4) ;[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] best interests of the community means interests that are prescribed for the purposes of this definition;[Section 3 Amended by No. 9 of 2015, s. 4, Applied:12 Aug 2015]club licence means a liquor licence referred to in section 10 ;[Section 3 Amended by No. 9 of 2015, s. 4, Applied:12 Aug 2015] Commission has the same meaning as in the Gaming Control Act 1993 ;[Section 3 Amended by No. 9 of 2015, s. 4, Applied:12 Aug 2015] Commissioner means the Commissioner for Licensing appointed under section 207 ;[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] convicted includes found guilty, whether or not a conviction is recorded;[Section 3 Amended by No. 7 of 2008, s. 4, Applied:02 May 2008] false document includes a document that –[Section 3 Amended by No. 7 of 2008, s. 4, Applied:02 May 2008](a) has been forged; or(b) has been fraudulently altered; or(c) belongs to a person other than the person in possession of it;general liquor exemption means a general liquor exemption published in accordance with section 16 ;[Section 3 Amended by No. 9 of 2015, s. 4, Applied:12 Aug 2015] hearing means a hearing under Division 2 of Part 5 ;[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] intoxicated – see section 3B ;[Section 3 Amended by No. 24 of 2004, s. 6, Applied:01 Jan 2005][Section 3 Amended by No. 75 of 1999, s. 4, Applied:24 Nov 1999] licence fee includes any supplementary or additional licence fee and any interest payable on any licence fee;licensed premises means –and includes any part of those premises;(a) premises specified in a liquor licence as premises on which liquor may be sold; and(b) in respect of the holder of a liquor licence – the premises specified in the liquor licence –[Section 3 Amended by No. 24 of 2004, s. 6, Applied:01 Jan 2005] licensee means the holder of a liquor licence;[Section 3 Amended by No. 9 of 2002, s. 5, Applied:15 Sep 2003] [Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016][Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] liquor means –[Section 3 Amended by No. 9 of 2002, s. 5, Applied:15 Sep 2003] [Section 3 Amended by No. 24 of 2004, s. 6, Applied:01 Jan 2005](a) a beverage (other than a medicine) that –(i) is intended for human consumption; and(ii) has an alcoholic content greater than 0·5 per cent by volume when at a temperature of 20 degrees Celsius; or(b) any other substance that –(i) is prescribed as liquor for the purposes of this definition; and(ii) has an alcoholic content greater than 0·5 per cent by volume when at a temperature of 20 degrees Celsius;[Section 3 Amended by No. 24 of 2004, s. 6, Applied:01 Jan 2005] liquor licence means a valid licence granted under this Act that authorizes the sale of liquor;liquor permit means a permit that authorizes the sale of liquor;[Section 3 Amended by No. 9 of 2015, s. 4, Applied:12 Aug 2015] liquor restriction order means an order made by the Commissioner in accordance with section 39 ;[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] meal means food that –[Section 3 Amended by No. 9 of 2002, s. 5, Applied:15 Sep 2003](a) is eaten by a person at a table, or fixed structure used as a table, with cutlery provided for the purpose of eating the food; and(b) is of sufficient substance as to be ordinarily accepted as a meal;obtained includes produced;off-licence means a liquor licence referred to in section 9 ;off-permit means a liquor permit referred to in section 14 ;on-licence means a liquor licence referred to in section 8 ;on-permit means a liquor permit referred to in section 13 ;out-of-hours permit means a liquor permit referred to in section 12 ;[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] partner means the person with whom a person is in a personal relationship, within the meaning of the Relationships Act 2003 ;permit means a valid permit granted under this Act;[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] permit holder means the holder of a liquor permit;[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] permit premises means –and includes any part of those premises;(a) premises specified in a special permit as premises on which liquor may be sold; and(b) in respect of the holder of a special permit, the premises specified in the permit; and(c) premises on which liquor may be sold under the authority of a small producer's permit; and(d) in respect of the holder of a small producer's permit, the premises on which liquor may be sold under the authority of the permit –premises includes –(a) land, whether or not covered by buildings; and(b) any structure, whether or not attached to land; and(c) a means of transport; and(d) a part of premises;records, in respect of a licensee, means the records kept by the licensee in accordance with this Act;[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] resident, in relation to licensed premises, means a person who is able to provide evidence that he or she resides, or is staying overnight in, a part of the licensed premises that has been set aside for the purposes of accommodation;[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] responsible adult means a person of or above the age of 18 years who, in relation to a person under the age of 18 years (the minor), belongs to one or more of the following classes of persons:(a) a parent, step-parent or guardian of the minor;(b) the spouse or partner of the minor;(c) a person who, for the time being, has parental responsibility for the minor;[Section 3 Amended by No. 9 of 2002, s. 5, Applied:15 Sep 2003] restaurant means premises in which the principal activity is serving food for consumption on the premises;sell means sell by wholesale or retail and includes –(a) offer, display or expose for sale; and(b) keep or have in possession for sale; and(c) barter or exchange; and(d) deal in or agree to sell; and(e) supply, send, forward or deliver for sale or for or in expectation of receiving any payment or other consideration; and(f) authorize, direct, cause, attempt or permit any act referred to in paragraphs (a) , (b) , (c) , (d) or (e) ;[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] small producer means a producer, or class of producers, that is prescribed for the purposes of this definition;[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] small producer's permit means a liquor permit referred to in section 15A ;special licence means a liquor licence referred to in section 11 ;[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] special permit means a liquor permit referred to in section 15 ;[Section 3 Amended by No. 9 of 2002, s. 5, Applied:15 Sep 2003] [Section 3 Amended by No. 7 of 2008, s. 4, Applied:02 May 2008] [Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] Tasmanian wine means wine produced in Tasmania from fruit of which at least 85% is grown in Tasmania;[Section 3 Amended by No. 51 of 2015, s. 5, Applied:01 Sep 2016] vicinity, in relation to licensed premises or permit premises, means –[Section 3 Amended by No. 24 of 2004, s. 6, Applied:01 Jan 2005](a) within the distance prescribed for the purposes of this definition; or(b) in the case of a barring order, within such distance of the premises, or within such area, as is specified by the police officer giving the barring order; or(c) in the case of a police officer who requires a person to leave the premises, within such distance of the premises, or within such area, as is specified by the police officer.
[Section 3A Inserted by No. 40 of 2003, s. 5, Applied:15 Sep 2003](1) [Section 3A Subsection (1) amended by No. 51 of 2015, s. 6, Applied:01 Sep 2016] For the purposes of this Act, a person is taken to be an associate of an applicant for a liquor licence or liquor permit, or of a licensee or permit holder if –(a) [Section 3A Subsection (1) amended by No. 51 of 2015, s. 6, Applied:01 Sep 2016] the person holds, or will hold, any relevant financial interest, or is, or will be, entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the business of the applicant, licensee or permit holder and, by virtue of that interest or power, is able, or will be able, to exercise a significant influence over, or with respect to, the management or operation of that business; or(b) [Section 3A Subsection (1) amended by No. 51 of 2015, s. 6, Applied:01 Sep 2016] the person holds, or will hold, any relevant position, whether in right of the person or on behalf of any other person, in the business of the applicant, licensee or permit holder; or(c) [Section 3A Subsection (1) amended by No. 51 of 2015, s. 6, Applied:01 Sep 2016] the person is a relative of the applicant, licensee or permit holder; or(d) [Section 3A Subsection (1) amended by No. 51 of 2015, s. 6, Applied:01 Sep 2016] the Commissioner is satisfied that the person could exercise a significant influence over the applicant, licensee or permit holder.(2) In this section –[Section 3A Subsection (2) amended by No. 51 of 2015, s. 6, Applied:01 Sep 2016] relative means a spouse, partner, parent, child or sibling (whether full blood or half-blood);relevant financial interest, in respect of a business, means –(a) any share in the capital of the business; or(b) any entitlement to receive any income derived from the business;relevant position, in respect of a business, means –(a) the position of director, manager or other executive position or secretary, however that position is designated in that business; or(b) [Section 3A Subsection (2) amended by No. 51 of 2015, s. 6, Applied:01 Sep 2016] if that business is conducted in premises in respect of which a liquor licence is in force, the licensee; or(c) [Section 3A Subsection (2) amended by No. 51 of 2015, s. 6, Applied:01 Sep 2016] if that business is conducted in premises in respect of which a permit is in force, the permit holder;relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others –(a) to participate in a directorial, managerial or executive decision; or(b) to elect or appoint any person to any relevant position.
[Section 3B Inserted by No. 51 of 2015, s. 7, Applied:01 Sep 2016] For the purposes of this Act, a person is intoxicated if –(a) the person’s speech, balance, coordination or behaviour is noticeably affected; and(b) it is reasonable in the circumstances to believe that the affected speech, balance, coordination or behaviour is the result of the consumption of liquor or other substances.
This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
PART 2 - Sale of liquor
Division 1 - Authorization to sell liquor
5. Liquor not to be sold except as authorized
[Section 5 Amended by No. 51 of 2015, s. 8, Applied:01 Sep 2016] A person must not sell liquor except as authorized by–(a) a liquor licence; or(b) a liquor permit; or(c) a general liquor exemption.Penalty: Fine not exceeding 40 penalty units.
6. Types of liquor licences and permits
The Commissioner may grant –(a) the following liquor licences:(i) a general licence;(ii) an on-licence;(iii) an off-licence;(iv) a club licence;(v) a special licence; and(b) the following liquor permits:(i) an out-of-hours permit;(ii) an on-permit;(iii) an off-permit;(iv) [Section 6 Amended by No. 51 of 2015, s. 9, Applied:01 Sep 2016] a special permit;(v) [Section 6 Amended by No. 51 of 2015, s. 9, Applied:01 Sep 2016] a small producer's permit.
[Section 7 Amended by No. 51 of 2015, s. 10, Applied:01 Sep 2016] A general licence authorizes the sale of liquor–(a) [Section 7 Amended by No. 51 of 2015, s. 10, Applied:01 Sep 2016] between 5 a.m. and midnight on any day on the premises specified in the licence for consumption on or off those premises; and(b) [Section 7 Amended by No. 51 of 2015, s. 10, Applied:01 Sep 2016] at any time to a resident of the premises specified in the licence and any premises of which those premises form a part; and(c) [Section 7 Amended by No. 51 of 2015, s. 10, Applied:01 Sep 2016] subject to any condition specified in the licence.
[Section 8 Amended by No. 51 of 2015, s. 11, Applied:01 Sep 2016] [Section 8 Substituted by No. 7 of 2008, s. 5, Applied:02 May 2008] An on-licence authorizes the sale of liquor –(a) [Section 8 Amended by No. 51 of 2015, s. 11, Applied:01 Sep 2016] between 5 a.m. and midnight on any day on the premises specified in the licence for consumption on those premises; and(b) [Section 8 Amended by No. 51 of 2015, s. 11, Applied:01 Sep 2016] at any time to –(i) a resident of the premises specified in the licence for consumption on those premises; or(ii) [Section 8 Amended by No. 51 of 2015, s. 11, Applied:01 Sep 2016] a resident of any premises of which the premises specified in the licence form a part for consumption on those premises; and(c) [Section 8 Amended by No. 51 of 2015, s. 11, Applied:01 Sep 2016] subject to any condition specified in the licence.
[Section 9 Amended by No. 51 of 2015, s. 12, Applied:01 Sep 2016] [Section 9 Substituted by No. 40 of 2003, s. 6, Applied:15 Sep 2003] An off-licence authorizes the sale of liquor between 5 a.m. and midnight, on any day on the premises specified in the licence, for consumption off those premises, subject to any condition specified in the licence.
[Section 10 Substituted by No. 9 of 2002, s. 7, Applied:15 Sep 2003] A club licence –(a) authorises the sale of liquor between 5a.m. and midnight on any day on the premises of the club specified in the licence to prescribed persons for consumption on or off those premises; and(b) [Section 10 Amended by No. 51 of 2015, s. 13, Applied:01 Sep 2016] is subject to any condition specified in the licence.
A special licence authorizes the sale of liquor –specified in the licence.(a) between times; and(b) on premises; and(c) [Section 11 Amended by No. 51 of 2015, s. 14, Applied:01 Sep 2016] subject to any condition–
An out-of-hours permit authorizes the sale of liquor –specified in the permit.(a) on the licensed premises; and(b) between the times (being times after midnight and before 5 a.m. on any day); and(c) [Section 12 Amended by No. 51 of 2015, s. 15, Applied:01 Sep 2016] subject to any condition–
An on-permit authorizes the sale of liquor –specified in the permit for consumption on those premises.(a) on premises (being premises specified in an off-licence); and(b) between any times; and(c) [Section 13 Amended by No. 51 of 2015, s. 16, Applied:01 Sep 2016] subject to any condition–
An off-permit authorizes the sale of liquor –specified in the permit for consumption off those premises.(a) on premises (being premises specified in an on-licence); and(b) between any times; and(c) [Section 14 Amended by No. 51 of 2015, s. 17, Applied:01 Sep 2016] subject to any condition–
A special permit authorizes the sale of liquor –specified in the permit.(a) on premises; and(b) between times; and(c) [Section 15 Amended by No. 51 of 2015, s. 18, Applied:01 Sep 2016] subject to any condition–
[Section 15A Inserted by No. 51 of 2015, s. 19, Applied:01 Sep 2016] A small producer's permit authorizes the sale of liquor by a small producer –(a) at any premises approved by the Commissioner in writing to the permit holder; and(b) subject to any condition specified in the permit.
[Section 17 Repealed by No. 9 of 2002, s. 8, Applied:15 Sep 2003] . . . . . . . .(1) [Section 16 Subsection (1) amended by No. 9 of 2015, s. 5, Applied:12 Aug 2015] If the Commissioner is of the opinion that–should not require to be authorized by a liquor licence or a liquor permit, the Commissioner may, by notice in the Gazette, grant a general liquor exemption which authorizes the sale of liquor in that manner or the sale of that particular class of liquor.(a) the sale of liquor in a particular manner; or(b) the sale of a particular class of liquor–(2) A general liquor exemption shall –(a) specify –that is authorized by the general exemption; and(i) the manner of sale of liquor; or(ii) the class of liquor that may be sold –(b) specify any condition to be complied with when liquor is sold in that manner or when that class of liquor is sold.(3) If a condition specified in a general liquor exemption in accordance with subsection (2) (b) is not complied with the general liquor exemption is not authorization to sell liquor as specified in the exemption.
18. Sale of liquor on premises to be otherwise lawful
A liquor licence, a liquor permit or a general liquor exemption does not authorize liquor to be sold on premises if the use of those premises for that purpose is otherwise unlawful.
19. Authorized opening hours may be extended generally on specific occasions, &c.
(1) If, in respect of a specific event or occasion, the Commissioner considers it appropriate that the hours during which liquor is authorized to be sold on licensed premises by virtue of sections 7 (a) , 8 , 9 , 10 and 11 should generally be extended the Commissioner may, by notice in the Gazette, extend those hours.(2) A notice published in accordance with subsection (1) shall –(a) specify –(i) the event or occasion in respect of which the extension is granted; and(ii) the hours during which the extension is to apply; and(iii) any condition which is to be complied with during the period of the extension; and(b) specify whether the extension applies –(i) throughout the State or to a specified part of the State; and(ii) to all licensed premises or to a specified class of licensed premises.(3) If a condition specified in a notice in accordance with subsection (2) (a) (iii) is not complied with the notice is not authorization to sell liquor during the period specified in the notice.
20. Effect of suspension of liquor licence
(1) A liquor licence that has been suspended in respect of all or any part of the premises specified in it is not authority for the sale of liquor on the premises or that part of the premises in respect of which the licence has been suspended during the period of suspension.(2) [Section 20 Subsection (2) omitted by No. 75 of 1999, s. 5, Applied:24 Nov 1999] . . . . . . . .
21. Effect of failure to display liquor permit
A liquor permit is ineffective to authorize the sale of liquor on premises for the purpose of this Part unless it is displayed in a conspicuous position on the premises specified in it.
Division 2 - Liquor licences
22. Qualifications for liquor licence
(1) [Section 22 Subsection (1) amended by No. 40 of 2003, Sched. 2, Applied:15 Sep 2003] [Section 22 Subsection (1) amended by No. 40 of 2003, s. 7, Applied:15 Sep 2003] [Section 22 Subsection (1) substituted by No. 7 of 2008, s. 6, Applied:02 May 2008] A person is qualified to be granted a liquor licence if –(a) he or she is a natural person who has attained the age of 18 years; and(b) the Commissioner is satisfied that the person is a fit and proper person to be a licensee; and(c) the Commissioner is satisfied that the person will be able to exercise effective control over the service, and any consumption, of liquor on the premises for which the licence is sought; and(d) the person has successfully completed a course or traineeship approved by the Commissioner relating to the service of liquor or has satisfied the Commissioner that the person has the necessary knowledge, experience and competency.(1A) [Section 22 Subsection (1A) amended by No. 51 of 2015, s. 20, Applied:01 Sep 2016] [Section 22 Subsection (1A) inserted by No. 7 of 2008, s. 6, Applied:02 May 2008] However, a person is not qualified to be granted a liquor licence if the Commissioner reasonably suspects that any associate of the person who is a natural person and likely to have any influence over the management of the business to be carried on under licence is not a fit and proper person to be an associate of a licensee.(2) [Section 22 Subsection (2) substituted by No. 40 of 2003, s. 7, Applied:15 Sep 2003] For the purposes of this section, the Commissioner may take into account, having regard to the type of liquor licence applied for and the premises in respect of which it is sought, the knowledge, experience and competency of the applicant in respect of the service of liquor and the conduct and management of licensed premises.(3) [Section 22 Subsection (3) amended by No. 24 of 2004, s. 7, Applied:01 Jan 2005] [Section 22 Subsection (3) inserted by No. 40 of 2003, s. 7, Applied:15 Sep 2003] If it appears to the Commissioner that it is not practicable to require an applicant for a liquor licence to have successfully completed a course or traineeship approved by the Commissioner relating to the service of liquor at the time when the licence is granted, the Commissioner may make the grant of the licence subject to a condition that the holder is to successfully complete the course or traineeship within such period as the Commissioner may direct.(4) [Section 22 Subsection (4) inserted by No. 40 of 2003, s. 7, Applied:15 Sep 2003] The Commissioner may, if satisfied that it is not contrary to the public interest to do so, exempt an applicant for a special licence from the requirement in subsection (1)(d) .
23. Application for liquor licence
(1) An application for a liquor licence shall –(a) be made on a form approved or provided for the purpose by the Commissioner; and(b) be accompanied by any prescribed application fee; and(c) be made at least 28 days before the licence is to take effect, or such lesser period as the Commissioner may agree.(2) [Section 23 Subsection (2) amended by No. 7 of 2008, s. 7, Applied:02 May 2008] The Commissioner may require an applicant for a liquor licence to supply the Commissioner with such further particulars (including plans and specifications of any relevant premises and information about any associates) as the Commissioner considers necessary for a proper consideration of the application.(3) [Section 23 Subsection (3) inserted by No. 9 of 2002, s. 10, Applied:15 Sep 2003] An applicant for a liquor licence is to give public notice of the application.(4) [Section 23 Subsection (4) inserted by No. 9 of 2002, s. 10, Applied:15 Sep 2003] A public notice is to –(a) be in a form approved by the Commissioner; and(b) contain a statement that representations in respect of the application may be made; and(c) [Section 23 Subsection (4) amended by No. 24 of 2004, s. 8, Applied:01 Jan 2005] be placed in a prominent position on the premises in respect of which the liquor licence is sought, if the Commissioner so directs; and(d) be published in a daily newspaper circulating in the area in which the premises are situated, if the Commissioner so directs.(5) [Section 23 Subsection (5) amended by No. 7 of 2008, s. 7, Applied:02 May 2008] [Section 23 Subsection (5) inserted by No. 9 of 2002, s. 10, Applied:15 Sep 2003] The Commissioner is to make available on request a copy of an application.(6) [Section 23 Subsection (6) inserted by No. 51 of 2015, s. 21, Applied:01 Sep 2016] The Commissioner, in his or her discretion, may waive or refund all or part of a prescribed application fee payable under this section in any circumstances he or she considers appropriate.
23A. Representations relating to liquor licences
[Section 23A Inserted by No. 9 of 2002, s. 11, Applied:15 Sep 2003](1) A person may make a written representation to the Commissioner in respect of an application for a liquor licence.(2) A representation is to be made within 14 days after whichever of the following is the later:(a) a public notice is placed according to section 23(4)(c) ;(b) a public notice is published in accordance with section 23(4)(d) .(3) [Section 23A Subsection (3) omitted by No. 9 of 2015, s. 6, Applied:12 Aug 2015] . . . . . . . .
24. Consideration of application for liquor licence
(1) After receiving an application for a liquor licence the Commissioner shall satisfy himself or herself that the applicant is qualified to hold the licence applied for.(1A) [Section 24 Subsection (1A) inserted by No. 7 of 2008, s. 8, Applied:02 May 2008] The Commissioner may make such inquiries regarding an application for a liquor licence as the Commissioner considers necessary or expedient for a proper consideration of the application.(1B) [Section 24 Subsection (1B) inserted by No. 7 of 2008, s. 8, Applied:02 May 2008] Without limiting the generality of subsections (1) and (1A) , the Commissioner may –(a) forward a copy of an application for a liquor licence to the Commissioner of Police; and(b) request the Commissioner of Police to provide a report as to whether, in the opinion of the Commissioner of Police –(i) the applicant is a fit and proper person to be a licensee; and(ii) any associate of the applicant who is a natural person and likely to have any influence over the management of the business to be carried on under the licence is a fit and proper person to be an associate of a licensee.(2) [Section 24 Subsection (2) amended by No. 9 of 2002, s. 12, Applied:15 Sep 2003] [Section 24 Subsection (2) substituted by No. 9 of 2015, s. 7, Applied:12 Aug 2015] If the Commissioner is satisfied that an applicant for a liquor licence is qualified under section 22 to hold the licence, the Commissioner –(a) is to consider the application; or(b) [Section 24 Subsection (2) amended by No. 51 of 2015, s. 22, Applied:01 Sep 2016] if of the opinion it is in the public interest to refer the application to the Commission, is to, within 30 days after public notice of the application is given under section 23(3) , refer the application and any representations made under section 23A to the Commission for a hearing.(2A) [Section 24 Subsection (2A) inserted by No. 9 of 2015, s. 7, Applied:12 Aug 2015] As soon as practicable after referring an application to the Commission under subsection (2) (b), the Commissioner is to provide the applicant with written notice of that referral.(3) [Section 24 Subsection (3) amended by No. 46 of 1991, s. 5 and Sched. 3 ]The Commissioner is not required to take any action in respect of an application for a liquor licence if –(a) the prescribed application fee has not been paid; or(b) any further particulars required by the Commissioner in accordance with section 23 (2) have not been supplied.(4) [Section 24 Subsection (4) amended by No. 24 of 2004, s. 9, Applied:01 Jan 2005] If the Commissioner is not satisfied that the applicant is qualified to hold the liquor licence applied for the Commissioner shall–(a) notify the applicant accordingly; and(b) [Section 24 Subsection (4) amended by No. 9 of 2015, s. 7, Applied:12 Aug 2015] inform the applicant of the applicant's right to appeal to the Commission against the Commissioner's decision.
[Section 24A Inserted by No. 40 of 2003, s. 8, Applied:15 Sep 2003](1) [Section 24A Subsection (1) amended by No. 9 of 2015, s. 8, Applied:12 Aug 2015] [Section 24A Subsection (1) amended by No. 24 of 2004, s. 10, Applied:01 Jan 2005] In considering an application for a liquor licence, the Commissioner or the Commission must make a decision which, in the opinion of the Commissioner or the Commission, is in the best interests of the community.(2) [Section 24A Subsection (2) amended by No. 9 of 2015, s. 8, Applied:12 Aug 2015] In considering an application for an off-licence, the Commissioner or the Commission must be satisfied that the principal activity to be carried on at the premises will be the sale of liquor.(3) [Section 24A Subsection (3) amended by No. 51 of 2015, s. 23, Applied:01 Sep 2016] [Section 24A Subsection (3) amended by No. 9 of 2015, s. 8, Applied:12 Aug 2015] In considering an application for an on-licence in respect of premises operating as a restaurant, the Commissioner or the Commission must be satisfied that the premises are, or are intended to be, used as a restaurant.
24B. Updating of licence application
[Section 24B Inserted by No. 51 of 2015, s. 24, Applied:01 Sep 2016](1) If a change occurs in the information provided in, or in connection with, an application for a liquor licence (including in any documents lodged with the application) before the application is determined, the applicant must give the Commissioner written particulars of the change as soon as is reasonably practicable.(2) If particulars of a change are given, those particulars form part of the original application.
[Section 25 Subsection (1) amended by No. 75 of 1999, s. 6, Applied:24 Nov 1999] [Section 25 Subsection (1) amended by No. 37 of 2004, s. 4, Applied:01 Jan 2005] [Section 25 Substituted by No. 9 of 2015, s. 9, Applied:12 Aug 2015](1) If the Commissioner decides to grant a liquor licence, or the Commission directs the Commissioner to grant a liquor licence under section 214(1)(a)(i) , the Commissioner must –(a) inform the applicant accordingly; and(b) request the applicant to pay –(i) any prescribed fee payable on the grant of a liquor licence; and(ii) the annual liquor licence fee payable under section 26A .(2) The Commissioner must not grant a liquor licence until the fees specified in subsection (1) (b) have been paid.(3) [Section 25 Subsection (3) inserted by No. 51 of 2015, s. 25, Applied:01 Sep 2016] The Commissioner, in his or her discretion, may waive all or part of a prescribed fee payable on the grant of a liquor licence in any circumstances he or she considers appropriate.
25A. Restriction on grant of licence in connection with supermarket
[Section 25A Inserted by No. 64 of 1995, s. 4 ][Section 25A Amended by No. 9 of 2015, s. 10, Applied:12 Aug 2015] A liquor licence must not be granted in connection with the activities of a supermarket.
[Section 25B Inserted by No. 51 of 2015, s. 26, Applied:01 Sep 2016](1) The Commissioner may grant a liquor licence subject to such conditions as the Commissioner thinks fit.(2) The holder of a liquor licence must comply with the conditions of that licence.Penalty: Fine not exceeding 20 penalty units.
25C. Variation of conditions of licence by Commissioner
[Section 25C Inserted by No. 51 of 2015, s. 26, Applied:01 Sep 2016](1) Subject to subsection (2), the Commissioner may, by written notice served on the licensee, vary the conditions of a liquor licence on the Commissioner's own motion by doing one or more of the following:(a) omitting a condition;(b) amending or substituting a condition;(c) adding a condition.(2) The Commissioner must not add a new condition under subsection (1)(c) to a general licence, an on-licence, an off-licence or a club licence, if that licence was granted before the commencement of section 24 of the Liquor Licensing Amendment Act 2015.(3) If the Commissioner varies a condition under subsection (1) , the Commissioner is to notify the licensee of –(a) the variation; and(b) the reason for the variation; and(c) the date on which the variation takes effect; and(d) the licensee's right to appeal to the Commission against the variation.(4) The Commissioner is to give the licensee at least 14 days' notice of the variation unless satisfied that, because of special circumstances, the variation should be effected more urgently.
25D. Variation of conditions of licence by application
[Section 25D Inserted by No. 51 of 2015, s. 26, Applied:01 Sep 2016](1) The Commissioner may vary the conditions of a liquor licence on the application of a licensee by doing one or more of the following:(a) omitting a condition;(b) amending or substituting a condition;(c) adding a condition.(2) The application must be –(a) made on a form approved or provided for the purpose by the Commissioner; and(b) accompanied by any prescribed application fee.(3) The Commissioner may require the applicant to supply any further information that the Commissioner considers necessary for a proper consideration of the application.(4) After considering the application, the Commissioner is to –(a) approve or refuse the variation; and(b) inform the applicant accordingly.(5) In the case of a refusal, the Commissioner is also to inform the applicant of the applicant's right to appeal to the Commission against the refusal.
26. Duration of liquor licence
A liquor licence is valid from the date specified in it until it is terminated in accordance with this Act.
26A. Annual liquor licence fees
[Section 26A Inserted by No. 37 of 2004, s. 5, Applied:01 Jan 2005](1) The person to whom a liquor licence is to be granted must pay the prescribed annual liquor licence fee to the Commissioner on the grant of the licence.(2) A licensee must pay the prescribed annual liquor licence fee to the Commissioner on or before 31 March in each year.(3) The prescribed annual liquor licence fee relates to the period of 12 months starting on 1 January each year.(4) The Commissioner may reduce the prescribed annual liquor licence fee proportionately where a liquor licence is granted on a day other than 1 January.(5) Where a liquor licence is surrendered under section 30 , the Commissioner may refund a proportion of the prescribed annual liquor licence fee.(6) The Commissioner is to notify the holder of a liquor licence of the prescribed annual liquor licence fee payable in respect of the liquor licence.(7) If a licensee fails to pay the prescribed annual liquor licence fee payable under this section by 31 March in a particular year, the licensee is to pay an additional fee of 10% of the amount due for payment.(8) [Section 26A Subsection (8) inserted by No. 51 of 2015, s. 27, Applied:01 Sep 2016] The Commissioner, in his or her discretion, may waive all or part of a prescribed annual liquor licence fee payable in respect of a liquor licence in any circumstances he or she considers appropriate.
27. Liquor licence not transferable without approval
(1) A liquor licence cannot be transferred to another person without the approval of the Commissioner.(2) If an attempt is made to transfer the benefit of a liquor licence to another person without the approval of the Commissioner the licence is suspended with effect from the date of the attempted transfer.(3) The suspension of a liquor licence under subsection (2) ends if and when –(a) the Commissioner approves a transfer of the licence; or(b) the licensee informs the Commissioner that the attempted transfer has been rescinded.
28. Application for transfer of liquor licence
[Section 28 Substituted by No. 51 of 2015, s. 28, Applied:01 Sep 2016](1) A licensee may apply to the Commissioner for approval to transfer a liquor licence to another person (the transferee).(2) An application under subsection (1) must be –(a) made on a form approved or provided for the purpose by the Commissioner; and(b) accompanied by any prescribed fee; and(c) made at least 28 days before the day on which the transfer is to take effect, or such shorter period as the Commissioner may determine.(3) In considering an application under subsection (1) , the Commissioner may require the applicant or the transferee to supply the Commissioner with such further particulars (including plans and specifications of any relevant premises and information about any associates of the transferee) as the Commissioner considers necessary for a proper consideration of the application.(4) The Commissioner may make such inquiries regarding an application for the transfer of a liquor licence as the Commissioner considers necessary or expedient for a proper consideration of the application.(5) Without limiting the generality of subsection (4) , the Commissioner may –(a) forward a copy of an application for the transfer of a liquor licence to the Commissioner of Police; and(b) request the Commissioner of Police to provide a report as to whether, in the opinion of the Commissioner of Police –(i) the transferee is a fit and proper person to be a licensee; and(ii) any associate of the transferee who is a natural person and likely to have any influence over the management of the business to be carried on under the licence is a fit and proper person to be an associate of a licensee.
29. Decision of Commissioner on consideration of application to transfer a liquor licence
(1) After considering an application for the transfer of a liquor licence, the Commissioner shall –and shall inform the applicant accordingly.(a) approve the transfer; or(b) refuse to approve the transfer –(1A) [Section 29 Subsection (1A) inserted by No. 51 of 2015, s. 29, Applied:01 Sep 2016] The Commissioner must not approve the transfer of a liquor licence unless the Commissioner is satisfied that the person to whom the licence is proposed to be transferred is qualified to be granted a liquor licence under section 22 .(2) [Section 29 Subsection (2) amended by No. 51 of 2015, s. 29, Applied:01 Sep 2016] [Section 29 Subsection (2) amended by No. 9 of 2015, s. 11, Applied:12 Aug 2015] If the Commissioner refuses to approve the transfer of a liquor licence the Commissioner must, when informing the applicant of the refusal, also inform the applicant of the applicant's right to appeal to the Commission against the Commissioner's decision.
30. Surrender of liquor licence
(1) A liquor licence may be surrendered to the Commissioner at any time.(2) A surrender may relate to –(a) all or any part of the licensed premises; or(b) all or any of the activities authorized by the licence.(3) Where a surrender relates to –the Commissioner shall amend the liquor licence accordingly.(a) part of the licensed premises; or(b) any of the activities authorized by the licence –
30A. Interim authority to act as licensee
[Section 30A Inserted by No. 73 of 1994, s. 5 ](1) In this section, absent licensee means a licensee who –(a) [Section 30A Subsection (1) amended by No. 40 of 2003, Sched. 1, Applied:15 Sep 2003] [Section 30A Subsection (1) amended by No. 24 of 2004, s. 11, Applied:01 Jan 2005] is unable or unwilling to continue exercising effective control over the sale and consumption of liquor on the licensed premises for the remainder of the term of the liquor licence; and(b) is not exercising such control over the sale and consumption of liquor on those licensed premises.(2) A person may apply to the Commissioner for an authority to act as licensee of licensed premises if the holder of a general licence, on-licence, off-licence, club licence or special licence in respect of those licensed premises is an absent licensee.(3) An application is to be –(a) in a form approved or provided by the Commissioner; and(b) accompanied by any prescribed application fee.(4) The Commissioner may require an applicant to supply any further information that the Commissioner considers necessary for a proper consideration of the application.(5) On receipt of an application, the Commissioner –(a) may issue an authority to act as licensee to the applicant; or(b) may refuse to issue such an authority to the applicant.(6) The Commissioner must not issue an authority to act as licensee to an applicant unless the Commissioner is satisfied that the applicant –(a) [Section 30A Subsection (6) amended by No. 40 of 2003, Sched. 2, Applied:15 Sep 2003] is a natural person who has attained the age of 18 years; and(b) [Section 30A Subsection (6) amended by No. 40 of 2003, Sched. 1, Applied:15 Sep 2003] will be able to exercise effective control over the sale and consumption of liquor on the premises in respect of which the authority is sought.(7) On determining whether or not to issue an authority to act as licensee to an applicant, the Commissioner must notify the applicant, in writing, of that determination.(8) The Commissioner may cancel an authority to act as licensee at any time.(9) An authority to act as licensee has effect for the period commencing on the day specified in it and ending on the earlier of the following days:(a) the day the liquor licence held by the absent licensee in respect of the premises to which the authority relates is transferred;(b) the day the authority is cancelled.(10) Except for the purposes of sections 27 , 28 , 29 and 30 , during the term of an authority to act as licensee in respect of licensed premises –(a) the holder of the authority is taken to be the holder of the liquor licence relating to those premises; and(b) any permit in force in respect of the licensed premises immediately before the issue of the authority continues in force and the holder of the authority is taken to be the holder of the permit; and(c) the person who, immediately before the issue of the authority, held that licence and any such permit is taken not to be the holder of that licence and any such permit.(11) [Section 30A Subsection (11) omitted by No. 51 of 2015, s. 30, Applied:01 Sep 2016] . . . . . . . .
Division 3 - Liquor permits
31. Qualifications for liquor permit
(1) A person is not qualified to be granted a liquor permit unless the person is a natural person who –(a) [Section 31 Subsection (1) amended by No. 40 of 2003, Sched. 2, Applied:15 Sep 2003] has attained the age of 18 years; and(b) [Section 31 Subsection (1) amended by No. 40 of 2003, Sched. 1, Applied:15 Sep 2003] has satisfied the Commissioner that the person will be able to exercise effective control over the sale and any consumption of liquor on the premises in respect of which the permit is sought.(1A) [Section 31 Subsection (1A) inserted by No. 51 of 2015, s. 31, Applied:01 Sep 2016] A person is also not qualified to be granted a liquor permit if the Commissioner reasonably suspects that –(a) the person is not a fit and proper person to be a permit holder; or(b) any associate of the person who is a natural person and likely to have any influence over the management of the business to be carried on under the permit is not a fit and proper person to be an associate of a permit holder.(2) An out-of-hours permit, an off-permit or an on-permit can only be held by the licensee of the licensed premises to which the permit relates.
32. Application for liquor permit
(1) An application for a liquor permit –(a) shall be made on a form provided or approved for the purpose by the Commissioner; and(b) shall be accompanied by any prescribed fee; and(c) shall be made at least 7 days before the permit is to take effect, or such lesser period as the Commissioner may agree.(2) [Section 32 Subsection (2) amended by No. 51 of 2015, s. 32, Applied:01 Sep 2016] The Commissioner may require an applicant for a liquor permit to supply the Commissioner with such further particulars (including plans and specifications of any relevant premises and information about any associates) as the Commissioner considers necessary for a proper consideration of the application.
33. Consideration of application for liquor permit
(1) After considering an application for a liquor permit the Commissioner shall –and shall inform the applicant accordingly.(a) grant the permit; or(b) refuse to grant the permit –(2) [Section 33 Subsection (2) amended by No. 9 of 2015, s. 12, Applied:12 Aug 2015] If the Commissioner refuses to grant a liquor permit the Commissioner shall, when informing the applicant of the refusal, also inform the applicant of the applicant's right to appeal to the Commission against the Commissioner's decision.(3) The Commissioner shall not grant a liquor permit unless the Commissioner is satisfied that the applicant is qualified to hold the permit.(3A) [Section 33 Subsection (3A) inserted by No. 7 of 2008, s. 9, Applied:02 May 2008] The Commissioner may make such inquiries regarding an application for a liquor permit as the Commissioner considers necessary or expedient for a proper consideration of the application.(3B) [Section 33 Subsection (3B) inserted by No. 51 of 2015, s. 33, Applied:01 Sep 2016] Without limiting the generality of subsection (3A) , the Commissioner may –(a) forward a copy of an application for a liquor permit to the Commissioner of Police; and(b) request the Commissioner of Police to provide a report as to whether, in the opinion of the Commissioner of Police –(i) the applicant is a fit and proper person to be a permit holder; and(ii) any associate of the applicant who is a natural person and likely to have any influence over the management of the business to be carried on under the permit is a fit and proper person to be an associate of a permit holder.(4) The Commissioner is not required to take any action in respect of an application for a liquor permit if –(a) any prescribed application fee has not been paid; or(b) any further particulars required by the Commissioner in accordance with section 32 (2) have not been supplied.
33A. Updating of permit application
[Section 33A Inserted by No. 51 of 2015, s. 34, Applied:01 Sep 2016](1) If a change occurs in the information provided in, or in connection with, an application for a liquor permit (including in any documents lodged with the application) before the application is determined, the applicant must give the Commissioner written particulars of the change as soon as is reasonably practicable.(2) If particulars of a change are given, those particulars form part of the original application.
[Section 34 Substituted by No. 40 of 2003, s. 9, Applied:15 Sep 2003](1) [Section 34 Subsection (1) amended by No. 51 of 2015, s. 35, Applied:01 Sep 2016] In considering an application for a liquor permit, the Commissioner must make a decision which, in his or her opinion, is in the best interests of the community.(2) The Commissioner must not grant an out-of-hours permit in respect of licensed premises unless the licensee satisfies the Commissioner that the sale of liquor on those premises in accordance with the permit sought would not –(a) cause undue annoyance or disturbance to –(i) people living or working in the neighbourhood of the premises; or(ii) customers or clients of any business in the neighbourhood of the premises; or(iii) [Section 34 Subsection (2) amended by No. 51 of 2015, s. 35, Applied:01 Sep 2016] people conducting or attending religious services or attending a school in the neighbourhood of the premises; or(b) cause the occurrence of disorderly conduct –(i) in the premises; or(ii) in the neighbourhood of the premises.
[Section 34A Inserted by No. 51 of 2015, s. 36, Applied:01 Sep 2016](1) The Commissioner may grant a liquor permit subject to such conditions as the Commissioner thinks fit.(2) The holder of a liquor permit must comply with the conditions of that permit.Penalty: Fine not exceeding 20 penalty units.
34B. Variation of conditions of permit by Commissioner
[Section 34B Inserted by No. 51 of 2015, s. 36, Applied:01 Sep 2016](1) The Commissioner may, by written notice served on the permit holder, vary the conditions of a liquor permit on the Commissioner's own motion by doing one or more of the following:(a) omitting a condition;(b) amending or substituting a condition;(c) adding a condition.(2) If the Commissioner varies a condition under subsection (1) , the Commissioner is to notify the permit holder of –(a) the variation; and(b) the reason for the variation; and(c) the date on which the variation takes effect; and(d) the permit holder's right to appeal to the Commission against the variation.(3) The Commissioner is to give the permit holder at least 14 days' notice of the variation unless satisfied that, because of special circumstances, the variation should be effected more urgently.
34C. Variation of conditions of permit by application
[Section 34C Inserted by No. 51 of 2015, s. 36, Applied:01 Sep 2016](1) The Commissioner may vary the conditions of a liquor permit on the application of a permit holder by doing one or more of the following:(a) omitting a condition;(b) amending or substituting a condition;(c) adding a condition.(2) The application must be –(a) made on a form approved or provided for the purpose by the Commissioner; and(b) accompanied by any prescribed application fee.(3) The Commissioner may require the applicant to supply any further information that the Commissioner considers necessary for a proper consideration of the application.(4) After considering the application, the Commissioner is to –(a) approve or refuse the variation; and(b) inform the applicant accordingly.(5) In the case of a refusal, the Commissioner is also to inform the applicant of the applicant's right to appeal to the Commission against the refusal.
(1) A liquor permit is valid during the period specified in it but may be terminated at any time in accordance with this Part.(2) An out-of-hours permit, an off-permit or an on-permit –(a) [Section 35 Subsection (2) amended by No. 24 of 2004, s. 12, Applied:01 Jan 2005] is suspended if the liquor licence of the licensee to whom the permit was granted is suspended; and(b) [Section 35 Subsection (2) amended by No. 24 of 2004, s. 12, Applied:01 Jan 2005] is cancelled if the liquor licence of the licensee to whom the permit was granted is cancelled.(3) While a permit is suspended it is not authority for the sale of liquor in accordance with the permit.
36. Liquor permit not transferable
(1) A liquor permit is not transferable.(2) If an attempt is made to transfer the benefit of a liquor permit the permit is cancelled with effect from the date of the attempted transfer.
37. Cancellation of an on-permit, off-permit, small producer's permit or special permit
(1) [Section 37 Subsection (1) amended by No. 51 of 2015, s. 37, Applied:01 Sep 2016] The Commissioner may cancel an on-permit, an off-permit, a small producer's permit or a special permit at any time if the Commissioner is satisfied that it is in the public interest to do so.(2) The cancellation of a permit has effect when notice of the cancellation is served on the person to whom the permit was granted.
38. Surrender of liquor permit
The holder of a liquor permit may surrender the permit to the Commissioner at any time.
Division 4 - Restrictions and controls on sale of liquor
38A. Prohibition of sale of undesirable liquor products
[Section 38A Inserted by No. 51 of 2015, s. 38, Applied:01 Sep 2016](1) The Minister, by notice, may declare a specified liquor product, or class of liquor products, to be an undesirable liquor product if the Minister is satisfied that it is in the public interest to do so.(2) The Minister is to publish notice of a declaration under subsection (1) –(a) in the Gazette; and(b) in a newspaper generally circulating in Tasmania.(3) A declaration under subsection (1) takes effect from the date of publication of the notice in the Gazette or from such later date as is specified in that notice.(4) A person must not sell a liquor product, or liquor product that is part of a class of liquor products, that is declared under subsection (1) to be an undesirable liquor product.Penalty: Fine not exceeding 50 penalty units.(5) A licensee or permit holder is guilty of an offence if a person authorized by the licensee or permit holder to sell liquor on the licensed premises or permit premises sells a liquor product, or liquor product that is part of a class of liquor products, that is declared under subsection (1) to be an undesirable liquor product.Penalty: Fine not exceeding 100 penalty units.(6) A notice under this section is not a statutory rule for the purposes of the Rules Publication Act 1953 .
(1) [Section 39 Subsection (1) amended by No. 9 of 2015, s. 13, Applied:12 Aug 2015] [Section 39 Subsection (1) amended by No. 24 of 2004, s. 13, Applied:01 Jan 2005] The Commissioner may, by order served on a licensee, prohibit or restrict all or any of the activities authorized to be carried on on the licensed premises under the authority of a liquor licence if the Commissioner is satisfied that it is necessary to do so on the grounds that–(a) the use of the premises as authorized by the licence is causing undue annoyance or disturbance to–(i) people living or working in the neighbourhood of the premises; or(ii) customers or clients of any business in the neighbourhood of the premises; or(iii) people attending or in charge of people attending an educational establishment in the neighbourhood of the premises; or(iv) people conducting or attending religious services in the neighbourhood of the premises; or(b) to do so will reduce or avoid the occurrence of disorderly conduct–(i) in the premises; or(ii) in the neighbourhood of the premises.(2) An order under subsection (1) may –(a) restrict generally the hours during which liquor is authorized to be sold or consumed on the licensed premises; or(b) prohibit, restrict or impose conditions on the exercise of all or any of the activities authorized by the licence.(3) [Section 39 Subsection (3) amended by No. 24 of 2004, s. 13, Applied:01 Jan 2005] While an order made under subsection (1) is in effect in respect of premises the liquor licence granted in respect of those premises is not authority for–(a) the sale of liquor during any hours specified in the order as hours when liquor is not authorized to be sold on the premises; or(b) any activity authorized by the licence unless any conditions imposed on the exercise of that activity by the order are being observed.(4) [Section 39 Subsection (4) amended by No. 9 of 2015, s. 13, Applied:12 Aug 2015] An order made under subsection (1) has effect for such period (not exceeding 1 year) as is specified in it but may be revoked at any time by the Commissioner.(5) [Section 39 Subsection (5) substituted by No. 9 of 2015, s. 13, Applied:12 Aug 2015] An order under subsection (1) may be made as a result of –(a) an investigation carried out following complaints made to the Commissioner; or(b) a report received from an authorized officer.(6) [Section 39 Subsection (6) inserted by No. 9 of 2015, s. 13, Applied:12 Aug 2015] An order under subsection (1) is to inform the licensee of the licensee's right to appeal to the Commission against the making of the order.
[Section 40 Subsection (1) amended by No. 7 of 2008, s. 10, Applied:02 May 2008] [Section 40 Subsection (3) amended by No. 9 of 2015, s. 14, Applied:12 Aug 2015] [Section 40 Subsection (3) amended by No. 7 of 2008, s. 10, Applied:02 May 2008] [Section 40 Substituted by No. 51 of 2015, s. 39, Applied:01 Sep 2016][Section 41 Subsection (2) amended by No. 24 of 2004, s. 14, Applied:01 Jan 2005] [Section 41 Subsection (2A) inserted by No. 40 of 2003, s. 10, Applied:15 Sep 2003] [Section 41 Subsection (2A) substituted by No. 7 of 2008, s. 11, Applied:02 May 2008] [Section 41 Subsection (2B) inserted by No. 37 of 2004, s. 6, Applied:01 Jan 2005] [Section 41 Subsection (3) amended by No. 9 of 2015, s. 15, Applied:12 Aug 2015] [Section 41 Subsection (3) amended by No. 37 of 2004, s. 6, Applied:01 Jan 2005] [Section 41 Subsection (3) amended by No. 40 of 2003, s. 10, Applied:15 Sep 2003] [Section 41 Subsection (5) amended by No. 37 of 2004, s. 6, Applied:01 Jan 2005] [Section 41 Subsection (5) amended by No. 40 of 2003, s. 10, Applied:15 Sep 2003] [Section 41 Subsection (5A) inserted by No. 37 of 2004, s. 6, Applied:01 Jan 2005] [Section 41 Subsection (6) amended by No. 9 of 2015, s. 15, Applied:12 Aug 2015] [Section 41 Subsection (7) amended by No. 24 of 2004, s. 14, Applied:01 Jan 2005] [Section 41 Repealed by No. 51 of 2015, s. 39, Applied:01 Sep 2016] . . . . . . . . [Section 42 Subsection (1) amended by No. 9 of 2015, s. 16, Applied:12 Aug 2015] [Section 42 Subsection (1) amended by No. 24 of 2004, s. 15, Applied:01 Jan 2005] [Section 42 Subsection (1) amended by No. 73 of 1994, s. 6 ][Section 42 Subsection (1) amended by No. 40 of 2003, s. 11, Applied:15 Sep 2003] [Section 42 Subsection (1) amended by No. 9 of 2002, s. 14, Applied:15 Sep 2003] [Section 42 Subsection (1) amended by No. 40 of 2003, s. 11, Applied:15 Sep 2003] [Section 42 Subsection (1) amended by No. 7 of 2008, s. 12, Applied:02 May 2008] [Section 42 Subsection (3) inserted by No. 9 of 2015, s. 16, Applied:12 Aug 2015] [Section 42 Repealed by No. 51 of 2015, s. 39, Applied:01 Sep 2016] . . . . . . . .(1) The Commissioner may serve a written notice on a licensee or permit holder requiring the licensee or permit holder to comply with a direction specified in the notice.(2) If a licensee or permit holder referred to in subsection (1) fails to comply with a direction within the period specified in the notice, the Commissioner may take disciplinary action against the licensee or permit holder in accordance with section 100 .
[Section 43 Amended by No. 51 of 2015, s. 40, Applied:01 Sep 2016] The conditions to which a liquor licence or liquor permit may be subject include, but are not limited to, all or any of the following:[Section 44 Subsection (1) amended by No. 73 of 1994, s. 7 ][Section 44 Repealed by No. 75 of 1999, s. 7, Applied:24 Nov 1999] [Section 44 Inserted by No. 7 of 2008, s. 13, Applied:02 May 2008] [Section 44 Subsection (5) amended by No. 9 of 2015, s. 17, Applied:12 Aug 2015] [Section 44 Repealed by No. 51 of 2015, s. 41, Applied:01 Sep 2016] . . . . . . . . [Section 45 Repealed by No. 75 of 1999, s. 7, Applied:24 Nov 1999] [Section 45 Inserted by No. 7 of 2008, s. 13, Applied:02 May 2008] [Section 45 Subsection (2) amended by No. 9 of 2015, s. 18, Applied:12 Aug 2015] [Section 45 Repealed by No. 51 of 2015, s. 41, Applied:01 Sep 2016] . . . . . . . .(a) the type of liquor that may be sold;(b) the quantity of liquor that may be sold either to each person, during a specified period, or in total;(c) the containers in which liquor may be sold;(d) the area of the premises on which liquor may be sold or consumed;(e) the services to be provided while liquor is being sold or consumed;(f) the entertainment to be provided while liquor is being sold or consumed;(g) the staff to be employed both before and after the time that liquor is sold or consumed and during the time liquor is being sold or consumed, and the qualifications and duties of that staff;(h) the measures to be taken to suppress or limit noise and disturbances.
Division 5 - Obligations of licensees and permit holders[Division 5 of Part 2 Heading amended by No. 51 of 2015, s. 42, Applied:01 Sep 2016]
46. Licensees and permit holders to retain control on sale and consumption of liquor
[Section 46 Amended by No. 40 of 2003, s. 12, Applied:15 Sep 2003] [Section 46 Amended by No. 51 of 2015, s. 43, Applied:01 Sep 2016] A licensee or permit holder must ensure that the business carried on on the licensed premises or permit premises is carried on in such a way that the licensee or permit holder can exercise effective control over the sale and any consumption of liquor on the premises.Penalty: [Section 46 Amended by No. 51 of 2015, s. 44, Applied:01 Sep 2016] Fine not exceeding 50 penalty units.
46A. Licensees and permit holders to ensure responsible sale and service of liquor
[Section 46A Inserted by No. 40 of 2003, s. 13, Applied:15 Sep 2003] [Section 46A Substituted by No. 7 of 2008, s. 14, Applied:02 May 2008](1) [Section 46A Subsection (1) amended by No. 51 of 2015, s. 45, Applied:01 Sep 2016] A licensee must not allow a person to sell or serve liquor on the licensed premises unless the person –(a) has successfully completed an approved course; or(b) has been an employee of the licensee for, in aggregate, less than 3 months and is –(i) undertaking an approved course; or(ii) formally enrolled in an approved course that is scheduled to start within 3 months from the day on which the person is permitted to serve the liquor.Penalty: [Section 46A Subsection (1) amended by No. 51 of 2015, s. 45, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.(1A) [Section 46A Subsection (1A) inserted by No. 51 of 2015, s. 45, Applied:01 Sep 2016] An applicant for a liquor permit or a permit holder must successfully complete an approved course, if the Commissioner so directs.Penalty: Fine not exceeding 20 penalty units.(2) [Section 46A Subsection (2) amended by No. 51 of 2015, s. 45, Applied:01 Sep 2016] To demonstrate compliance with subsection (1) or (1A) , a licensee or permit holder must –(a) [Section 46A Subsection (2) amended by No. 51 of 2015, s. 45, Applied:01 Sep 2016] keep such records on the licensed premises or permit premises as the Commissioner, by written notice served on the licensee or permit holder, may from time to time require; and(b) produce all or any those records to the Commissioner or an authorized officer on demand.(3) The Commissioner may exempt the holder of a special licence from the requirements of this section if satisfied that it is not against the public interest to do so.(4) In this section –approved course means a course of instruction or training in the service of liquor, approved by the Commissioner;employee includes a person engaged under a contract for services.
46B. Licensees and permit holders to ensure seller and server of liquor meets minimum age requirements
[Section 46B Inserted by No. 51 of 2015, s. 46, Applied:01 Sep 2016] A licensee or permit holder must not allow a person to sell or serve liquor on the licensed premises or permit premises if that person does not meet the minimum age requirement prescribed for the purposes of this section.Penalty: Fine not exceeding 50 penalty units.
46C. Sale and consumption of liquor not to cause undue annoyance, disturbance or disorderly conduct, &c.
[Section 46C Inserted by No. 51 of 2015, s. 46, Applied:01 Sep 2016] A licensee or permit holder must ensure that the sale and consumption of liquor on the licensed premises or the permit premises does not –(a) cause undue annoyance or disturbance to –(i) people living or working in the neighbourhood of the premises; or(ii) customers or clients of any business in the neighbourhood of the premises; or(iii) people conducting or attending religious services or attending a school in the neighbourhood of the premises; or(iv) people lawfully on the premises; or(b) cause the occurrence of disorderly conduct –(i) in the premises; or(ii) in the neighbourhood of the premises.Penalty: Fine not exceeding 50 penalty units.
46D. Sale of liquor through internet or by other communication media
[Section 46D Inserted by No. 51 of 2015, s. 46, Applied:01 Sep 2016](1) A licensee who sells liquor by taking orders over the telephone or by facsimile or by mail order must cause the licence number to be prominently displayed in any advertisement or information published, whether in writing or electronically, in connection with such sales.Penalty: Fine not exceeding 20 penalty units.(2) A licensee who sells liquor through an internet site must ensure that –(a) the licence number is prominently displayed on the site and in any advertisement or information published, whether in writing or electronically, in connection with such sales; and(b) a notice in a form approved or provided for the purpose by the Commissioner is displayed prominently on the site at all times.Penalty: Fine not exceeding 20 penalty units.(3) A licensee who sells liquor by taking orders over the telephone or by facsimile or by mail order, or who sells liquor through an internet site must –(a) at the time at which an agreement for sale is made, require the prospective purchaser to supply the purchaser’s date of birth unless it has previously been supplied to the licensee; and(b) give written instructions to the person responsible for delivery of the liquor, requiring that the liquor be delivered –(i) to the adult person who placed the order; or(ii) to another adult person at those premises who undertakes to accept it on behalf of the person who placed the order; or(iii) if the sale was made through an internet site, in accordance with the customer’s instructions.Penalty: Fine not exceeding 20 penalty units.(4) If delivery of any liquor sold in a manner described in this section is taken by a person under the age of 18 years, the licensee, and any person who delivers the liquor on the licensee's behalf, is guilty of an offence.Penalty: Fine not exceeding 20 penalty units.(5) It is a defence in proceedings for an offence under subsection (4) if the licensee establishes that he or she complied with the requirements of subsection (3) in relation to the sale.(6) It is a defence in proceedings for an offence under subsection (4) if the defendant establishes that, at the time of the alleged offence, he or she did not know, and could not reasonably be expected to have known, that the alleged offence was committed.(7) A person must not order or request a person under the age of 18 years to take delivery of liquor sold in a manner described in this section.Penalty: Fine not exceeding 20 penalty units.(8) This section does not apply to or in respect of the sale of liquor to licensees or permit holders.
47. Licensee not to alter area of licensed premises without approval
[Section 47 Substituted by No. 40 of 2003, s. 14, Applied:15 Sep 2003](1) A licensee must not alter the area of the licensed premises without the Commissioner's approval.Penalty: [Section 47 Subsection (1) amended by No. 51 of 2015, s. 47, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.(2) The Commissioner is not to approve an alteration to the area of licensed premises unless he or she is satisfied that it is in the best interests of the community to do so.
48. Licensee to notify Commissioner of alteration to designated area
[Section 48 Repealed by No. 40 of 2003, s. 15, Applied:15 Sep 2003] [Section 48 Inserted by No. 7 of 2008, s. 15, Applied:02 May 2008] A licensee must –(a) give the Commissioner written notice at least 30 days before altering the boundaries of an area designated under section 84(1) or (2) ; and(b) give the Commissioner such information about the proposed alteration as the Commissioner may require.Penalty: [Section 48 Amended by No. 51 of 2015, s. 48, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.
49. Licensees and permit holders to notify Commissioner of change
[Section 49 Repealed by No. 40 of 2003, s. 15, Applied:15 Sep 2003] [Section 49 Inserted by No. 7 of 2008, s. 15, Applied:02 May 2008] [Section 49 Substituted by No. 51 of 2015, s. 49, Applied:01 Sep 2016][Section 50 Repealed by No. 40 of 2003, s. 15, Applied:15 Sep 2003] . . . . . . . . [Section 51 Repealed by No. 7 of 2008, s. 16, Applied:02 May 2008] . . . . . . . . [Section 52 Amended by No. 24 of 2004, s. 16, Applied:01 Jan 2005] [Section 52 Repealed by No. 7 of 2008, s. 16, Applied:02 May 2008] . . . . . . . .(1) Whenever a change of a kind specified by the Commissioner in writing, served on a licensee or permit holder, takes place in the situation existing in relation to that licensee or permit holder, the licensee or permit holder must, in a form approved or provided for the purpose by the Commissioner, notify the Commissioner of the change within 14 days after it takes place.(2) The Commissioner may require a licensee or permit holder to supply the Commissioner with such further particulars of a change in situation (including information about any associates) as the Commissioner considers necessary.
53. Licence or permit to be produced on demand
[Section 53 Amended by No. 24 of 2004, s. 17, Applied:01 Jan 2005] [Section 53 Amended by No. 51 of 2015, s. 50, Applied:01 Sep 2016] A licensee or permit holder must produce the licensee's liquor licence or the permit holder's permit to a police officer or authorized officer when required to do so.Penalty: [Section 53 Amended by No. 51 of 2015, s. 51, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.
[Section 54 Substituted by No. 7 of 2008, s. 17, Applied:02 May 2008] A licensee must display the licensee's liquor licence in a conspicuous position on the licensed premises.Penalty: [Section 54 Amended by No. 51 of 2015, s. 52, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.
54A. Authority to act as licensee to be displayed
[Section 54A Inserted by No. 51 of 2015, s. 53, Applied:01 Sep 2016] The holder of an authority to act as licensee must display the authority in a conspicuous position on the licensed premises.Penalty: Fine not exceeding 20 penalty units.
55. Permits to be displayed on licensed premises
[Section 55 Amended by No. 51 of 2015, s. 54, Applied:01 Sep 2016] A licensee must display in a conspicuous position on the licensed premises any liquor permit granted in respect of the premises.Penalty: [Section 55 Amended by No. 51 of 2015, s. 55, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.
55A. Special permits and small producer's permits to be displayed
[Section 55A Inserted by No. 51 of 2015, s. 56, Applied:01 Sep 2016] The holder of a special permit or a small producer's permit must display the permit in a conspicuous position on the permit premises during the time when liquor may be sold on those premises under the authority of the permit.Penalty: Fine not exceeding 20 penalty units.
56. Liquor restriction order to be displayed on licensed premises
[Section 56 Amended by No. 9 of 2015, s. 19, Applied:12 Aug 2015] [Section 56 Amended by No. 51 of 2015, s. 57, Applied:01 Sep 2016] A licensee must display in a conspicuous position on the licensed premises any liquor restriction order made by the Commissioner in respect of the premises or any part of the premises.[Section 57 Repealed by No. 7 of 2008, s. 18, Applied:02 May 2008] . . . . . . . . [Section 58 Repealed by No. 7 of 2008, s. 18, Applied:02 May 2008] . . . . . . . . [Section 59 Substituted by No. 24 of 2004, s. 18, Applied:01 Jan 2005] [Section 59 Repealed by No. 7 of 2008, s. 18, Applied:02 May 2008] . . . . . . . .Penalty: [Section 56 Amended by No. 51 of 2015, s. 58, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.
60. Licensee to display notice prohibiting or restricting entry of young people
[Section 60 Amended by No. 7 of 2008, s. 19, Applied:02 May 2008] [Section 60 Amended by No. 51 of 2015, s. 59, Applied:01 Sep 2016] A licensee must ensure that there is displayed in a conspicuous position at each entrance to any part of the licensed premises designated in accordance with section 84 (1) or (2) (entry of young people prohibited or restricted) a notice provided or approved for that purpose by the Commissioner giving notice of the prohibition or restriction that applies in that part.Penalty: [Section 60 Amended by No. 51 of 2015, s. 60, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.
61. Licensee to prohibit or restrict entry of young people to certain parts of licensed premises
[Section 61 Amended by No. 51 of 2015, s. 61, Applied:01 Sep 2016] A licensee must ensure that a person under the age of 18 years does not–(a) enter or remain on any part of the licensed premises designated under section 84 (1) ; or(b) enter or remain on any part of the licensed premises designated under section 84 (2) except–(i) to have a meal; or(ii) [Section 61 Amended by No. 51 of 2015, s. 61, Applied:01 Sep 2016] in the company of a responsible adult.Penalty: [Section 61 Amended by No. 51 of 2015, s. 61, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.
62. Licensees and permit holders to require certain people to leave licensed premises or permit premises
[Section 62 Amended by No. 51 of 2015, s. 62, Applied:01 Sep 2016] A licensee or permit holder must require a person who–to leave the licensed premises or permit premises.(a) is acting in a violent, quarrelsome or disorderly manner; or(b) is using disgusting, profane or foul language–Penalty: [Section 62 Amended by No. 51 of 2015, s. 63, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.
63. Liquor not to be consumed on off-licensed premises
[Section 63 Amended by No. 7 of 2008, s. 20, Applied:02 May 2008] The holder of an off-licence must not allow liquor purchased on the licensed premises to be consumed on those premises unless the consumption is authorized by an on-permit.Penalty: [Section 63 Amended by No. 51 of 2015, s. 64, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.
64. Liquor not to be removed from on-licensed premises
[Section 64 Amended by No. 7 of 2008, s. 21, Applied:02 May 2008] The holder of an on-licence must not allow liquor purchased on the licensed premises to be taken off those premises to be consumed elsewhere unless consumption of the liquor off the premises is authorized by an off-permit.Penalty: [Section 64 Amended by No. 51 of 2015, s. 65, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.
65. Licensee to restrict people on licensed premises outside authorized hours
(1) [Section 65 Subsection (1) amended by No. 51 of 2015, s. 66, Applied:01 Sep 2016] [Section 65 Subsection (1) amended by No. 7 of 2008, s. 22, Applied:02 May 2008] [Section 65 Subsection (1) amended by No. 22 of 1994, s. 4 ]A licensee must not allow a person to enter or remain on any part of the licensed premises where liquor is normally sold at any time between–(a) [Section 65 Subsection (1) amended by No. 24 of 2004, s. 19, Applied:01 Jan 2005] 15 minutes after the time when the sale of liquor on the premises under the authority of a liquor licence or permit ceased; and(b) [Section 65 Subsection (1) amended by No. 40 of 2003, s. 16, Applied:15 Sep 2003] [Section 65 Subsection (1) amended by No. 24 of 2004, s. 19, Applied:01 Jan 2005] the next time when liquor may be sold on the premises under the authority of a liquor licence or permit.(c) [Section 65 Subsection (1) amended by No. 40 of 2003, s. 16, Applied:15 Sep 2003] . . . . . . . .(d) [Section 65 Subsection (1) amended by No. 40 of 2003, s. 16, Applied:15 Sep 2003] . . . . . . . .Penalty: [Section 65 Subsection (1) amended by No. 51 of 2015, s. 66, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.(2) Subsection (1) does not apply to –(a) the licensee; or(b) a member of the licensee's family; or(c) a resident of the licensed premises; or(d) an employee of the licensee; or(e) [Section 65 Subsection (2) amended by No. 40 of 2003, s. 16, Applied:15 Sep 2003] a person required to be on the premises in the course of employment.(f) [Section 65 Subsection (2) amended by No. 40 of 2003, s. 16, Applied:15 Sep 2003] . . . . . . . .
66. Licensee to notify Commissioner of prolonged absence from licensed premises
(1) [Section 66 Subsection (1) amended by No. 51 of 2015, s. 67, Applied:01 Sep 2016] [Section 66 Subsection (1) amended by No. 7 of 2008, s. 23, Applied:02 May 2008] [Section 66 Subsection (1) amended by No. 73 of 1994, s. 8 ]A licensee must not be absent from the licensed premises for a period exceeding 14 days unless before the absence, the licensee gives the Commissioner written notice specifying–(a) the period during which the licensee will be absent; and(b) [Section 66 Subsection (1) amended by No. 40 of 2003, Sched. 2, Applied:15 Sep 2003] the name and address of the person who will be in charge of the premises during the licensee's absence, being a person who is 18 years of age or older.Penalty: [Section 66 Subsection (1) amended by No. 51 of 2015, s. 67, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.(2) Subsection (1) does not apply if liquor is not to be sold on the licensed premises during the licensee's absence.(3) In the case of an emergency absence by the licensee subsection (1) shall be taken to have been complied with if notice was given under that subsection at the earliest reasonable opportunity.
67. Licensee or permit holder not to hinder, &c., authorized officer
[Section 67 Amended by No. 51 of 2015, s. 68, Applied:01 Sep 2016] A licensee or permit holder must not–(a) hinder an authorized officer carrying out the authorized officer's duties under this Part; or(b) fail to comply with a reasonable requirement of an authorized officer made in accordance with this Part; or(c) fail to provide an authorized officer with reasonable assistance in the exercise of any power under this Part.Penalty: [Section 67 Amended by No. 51 of 2015, s. 68, Applied:01 Sep 2016] Fine not exceeding 20 penalty units.
Division 6 - General offences[Division 6 of Part 2 Heading amended by No. 51 of 2015, s. 69, Applied:01 Sep 2016]
68. Prohibited or restricted advertising or promotion
[Section 68 Repealed by No. 75 of 1999, s. 8, Applied:24 Nov 1999] [Section 68 Inserted by No. 51 of 2015, s. 70, Applied:01 Sep 2016](1) The Commissioner may serve a notice on a licensee or permit holder that prohibits or restricts the advertising or promotion of the sale of liquor by the licensee or permit holder if, in the opinion of the Commissioner –(a) the advertising or promotion, or the proposed advertising or promotion, is likely to encourage irresponsible consumption of liquor; or(b) it is otherwise in the public interest to do so.(2) A licensee or permit holder on whom a notice under subsection (1) is served must comply with the notice.Penalty: Fine not exceeding 20 penalty units.
[Section 69 Amended by No. 51 of 2015, s. 71, Applied:01 Sep 2016] A person must not knowingly make a false or misleading statement in an application made for the purposes of this Part.Penalty: [Section 69 Amended by No. 7 of 2008, s. 24, Applied:02 May 2008] Fine not exceeding 50 penalty units.
69A. Liquor not to be sold or served by person who is intoxicated
[Section 69A Inserted by No. 51 of 2015, s. 72, Applied:01 Sep 2016](1) A person must not sell or serve liquor on licensed premises or permit premises if he or she is intoxicated.Penalty: Fine not exceeding 20 penalty units.(2) A licensee or permit holder is guilty of an offence if a person authorized by the licensee or permit holder to sell or serve liquor on the licensed premises or permit premises sells or serves liquor whilst intoxicated.Penalty: Fine not exceeding 50 penalty units.
70. Liquor not to be sold or served to young people
(1) [Section 70 Subsection (1) amended by No. 51 of 2015, s. 73, Applied:01 Sep 2016] A person must not sell or serve liquor to a person under the age of 18 years on licensed premises or permit premises.Penalty: [Section 70 Subsection (1) amended by No. 7 of 2008, s. 25, Applied:02 May 2008] Fine not exceeding 50 penalty units.(2) [Section 70 Subsection (2) amended by No. 51 of 2015, s. 73, Applied:01 Sep 2016] A licensee or permit holder is guilty of an offence if a person authorized by the licensee or permit holder to sell or serve liquor on the licensed premises or permit premises sells or serves liquor to a person under the age of 18 years.Penalty: [Section 70 Subsection (2) amended by No. 7 of 2008, s. 25, Applied:02 May 2008] Fine not exceeding 100 penalty units.
71. Liquor not to be supplied to young people on licensed premises or permit premises
[Section 71 Amended by No. 51 of 2015, s. 74, Applied:01 Sep 2016] A person must not supply liquor to a person under the age of 18 years on–(a) licensed premises; or(b) [Section 71 Amended by No. 51 of 2015, s. 74, Applied:01 Sep 2016] permit premises.Penalty: [Section 71 Amended by No. 7 of 2008, s. 26, Applied:02 May 2008] Fine not exceeding 50 penalty units.
72. Young person not to enter, &c., certain parts of licensed premises, &c.
(1) [Section 72 Subsection (1) amended by No. 51 of 2015, s. 75, Applied:01 Sep 2016] Subject to subsection (3) , a person under the age of 18 years must not enter or remain on any part of licensed premises designated in accordance with section 84 (1) where a notice specifying the prohibition is displayed in accordance with section 60 .Penalty: [Section 72 Subsection (1) amended by No. 7 of 2008, s. 27, Applied:02 May 2008] Fine not exceeding 20 penalty units.(2) [Section 72 Subsection (2) amended by No. 51 of 2015, s. 75, Applied:01 Sep 2016] Subject to subsection (3) , a person under the age of 18 years must not enter or remain on any part of licensed premises designated in accordance with section 84 (2) where a notice specifying the prohibition is displayed in accordance with section 60 except–(a) to have a meal; or(b) [Section 72 Subsection (2) amended by No. 51 of 2015, s. 75, Applied:01 Sep 2016] in the company of a responsible adult.Penalty: [Section 72 Subsection (2) amended by No. 7 of 2008, s. 27, Applied:02 May 2008] Fine not exceeding 20 penalty units.(3) Subsections (1) and (2) do not apply to a person working on the licensed premises.
72A. Young person not to produce false evidence of identity
[Section 72A Inserted by No. 7 of 2008, s. 28, Applied:02 May 2008] A person under the age of 18 years must not use a false document in order to do, or attempt to do, anything that a person under that age is prohibited from doing by or under this Act.Penalty: Fine not exceeding 10 penalty units.
73. Liquor not to be purchased by young people
[Section 73 Amended by No. 51 of 2015, s. 76, Applied:01 Sep 2016] A person under the age of 18 years must not purchase liquor.Penalty: Fine not exceeding 10 penalty units.
74. Young person not to be sent to obtain liquor
[Section 74 Amended by No. 51 of 2015, s. 77, Applied:01 Sep 2016] A person must not send a person under the age of 18 years–(a) to purchase liquor; or(b) to collect liquor from–(i) licensed premises; or(ii) [Section 74 Amended by No. 51 of 2015, s. 77, Applied:01 Sep 2016] permit premises.Penalty: [Section 74 Amended by No. 7 of 2008, s. 29, Applied:02 May 2008] Fine not exceeding 50 penalty units.
75. Young person not to be given possession or charge of liquor on licensed premises or permit premises
(1) [Section 75 Subsection (1) amended by No. 51 of 2015, s. 78, Applied:01 Sep 2016] A licensee or permit holder, or a person acting on behalf of the licensee or permit holder, must not give to a person under the age of 18 years possession or control of liquor on the licensed premises or permit premises or allow a person under the age of 18 years to have or retain possession or control of liquor on the licensed premises or permit premises.Penalty: [Section 75 Subsection (1) amended by No. 7 of 2008, s. 30, Applied:02 May 2008] Fine not exceeding 50 penalty units.(2) Subsection (1) does not apply in respect of a person under the age of 18 years who –(a) has possession or charge of liquor in the course of work; and(b) [Section 75 Subsection (2) amended by No. 40 of 2003, Sched. 2, Applied:15 Sep 2003] is working under the direct and personal supervision of a person who has attained the age of 18 years.
76. Young person not to consume liquor on licensed premises or permit premises
[Section 76 Amended by No. 51 of 2015, s. 79, Applied:01 Sep 2016] A person under the age of 18 years must not consume liquor on–(a) licensed premises; or(b) [Section 76 Amended by No. 51 of 2015, s. 79, Applied:01 Sep 2016] permit premises.Penalty: Fine not exceeding 10 penalty units.
77. Young person not to have possession or control of liquor on licensed premises or permit premises
(1) [Section 77 Subsection (1) amended by No. 51 of 2015, s. 80, Applied:01 Sep 2016] A person under the age of 18 years must not have possession or control of liquor on–(a) licensed premises; or(b) [Section 77 Subsection (1) amended by No. 51 of 2015, s. 80, Applied:01 Sep 2016] permit premises.Penalty: Fine not exceeding 10 penalty units.(2) Subsection (1) does not apply in respect of a person who –(a) has possession or charge of liquor in the course of work; and(b) [Section 77 Subsection (2) amended by No. 40 of 2003, Sched. 2, Applied:15 Sep 2003] is working under the direct and personal supervision of a person who has attained the age of 18 years.
78. Liquor not to be sold or served to intoxicated people
[Section 78 Substituted by No. 7 of 2008, s. 31, Applied:02 May 2008](1) [Section 78 Subsection (1) amended by No. 51 of 2015, s. 81, Applied:01 Sep 2016] A person must not sell or serve liquor on licensed premises or permit premises to a person who is intoxicated.Penalty: Fine not exceeding 50 penalty units.(2) [Section 78 Subsection (2) amended by No. 51 of 2015, s. 81, Applied:01 Sep 2016] A licensee or permit holder is guilty of an offence if a person authorized by the licensee or permit holder to sell or serve liquor on the licensed premises or permit premises sells or serves liquor to a person who is intoxicated.Penalty: Fine not exceeding 100 penalty units.
79. Liquor not to be supplied on licensed premises or permit premises to intoxicated people
[Section 79 Amended by No. 51 of 2015, s. 82, Applied:01 Sep 2016] A person must not supply liquor to a person who is intoxicated on–(a) licensed premises; or(b) [Section 79 Amended by No. 51 of 2015, s. 82, Applied:01 Sep 2016] permit premises.Penalty: [Section 79 Amended by No. 7 of 2008, s. 32, Applied:02 May 2008] Fine not exceeding 50 penalty units.
79A. Licensee and permit holder to prevent offences on licensed premises and permit premises
[Section 79A Inserted by No. 73 of 1994, s. 9 ][Section 79A Amended by No. 51 of 2015, s. 83, Applied:01 Sep 2016] A licensee or permit holder who knows or has reason to believe that an offence under this or any other Act is being, or is about to be, committed on the licensed premises or permit premises must take reasonable action to prevent the commission of the offence.Penalty: [Section 79A Amended by No. 7 of 2008, s. 33, Applied:02 May 2008] Fine not exceeding 100 penalty units.
79B. Sale of liquor through vending machines
[Section 79B Inserted by No. 51 of 2015, s. 84, Applied:01 Sep 2016](1) In this section –vending machine means a machine or device that is designed to enable the purchase of items stored in the machine or device by electronic funds transfer or the insertion of money or a token.(2) A person must not sell liquor by means of a vending machine unless –(a) it is specified by the Commissioner in a licence or permit that the person may do so; and(b) the vending machine is on licensed premises or permit premises; and(c) the person complies with any condition specified by the Commissioner in the licence or permit concerning the use of the vending machine.Penalty: Fine not exceeding 20 penalty units.
79C. Liquor not to be brought onto licensed premises or permit premises without consent
[Section 79C Inserted by No. 51 of 2015, s. 84, Applied:01 Sep 2016] A person must not bring liquor onto licensed premises or permit premises without the consent of the licensee or permit holder.Penalty: Fine not exceeding 10 penalty units.
79D. Prohibited behaviour and language
[Section 79D Inserted by No. 51 of 2015, s. 84, Applied:01 Sep 2016] A person must not, on licensed premises or permit premises –(a) act in a violent, quarrelsome or disorderly manner; or(b) use disgusting, profane or foul language.Penalty: Fine not exceeding 20 penalty units.
80. Person to leave licensed premises when required to do so, &c.
(1) [Section 80 Subsection (1) amended by No. 51 of 2015, s. 85, Applied:01 Sep 2016] A person must leave licensed premises when required to do so by–acting in accordance with this Act.(a) the licensee or a person acting with the authority of the licensee; or(b) a police officer–Penalty: [Section 80 Subsection (1) amended by No. 7 of 2008, s. 34, Applied:02 May 2008] Fine not exceeding 50 penalty units.(2) [Section 80 Subsection (2) amended by No. 51 of 2015, s. 85, Applied:01 Sep 2016] A person who–must not re-enter or attempt to re-enter those premises within the period of 24 hours immediately after leaving or being removed from the premises.(a) has left licensed premises in compliance with subsection (1) ; or(b) has been removed from licensed premises by a police officer acting in accordance with this Act–Penalty: [Section 80 Subsection (2) amended by No. 7 of 2008, s. 34, Applied:02 May 2008] Fine not exceeding 50 penalty units.(2A) [Section 80 Subsection (2A) inserted by No. 51 of 2015, s. 85, Applied:01 Sep 2016] A person to whom subsection (1) applies must not, without reasonable excuse, remain in the vicinity of those licensed premises for –whichever is the longer period.(a) the remainder of the day's trading for the licensed premises; or(b) 6 hours from being required to leave the premises –Penalty: Fine not exceeding 50 penalty units.(2B) [Section 80 Subsection (2B) inserted by No. 51 of 2015, s. 85, Applied:01 Sep 2016] For the purposes of subsection (2A) , reasonable excuse includes, but is not limited to the person –(a) residing within the vicinity of the licensed premises; and(b) needing to remain in, or re-enter, the vicinity of the licensed premises to obtain transport; and(c) reasonably fearing for his or her safety if he or she does not remain in, or re-enter, the vicinity of the licensed premises.(3) [Section 80 Subsection (3) inserted by No. 73 of 1994, s. 10 ]A police officer may –(a) [Section 80 Subsection (3) amended by No. 51 of 2015, s. 85, Applied:01 Sep 2016] arrest without warrant a person whom the police officer reasonably believes is committing, or has committed, an offence under subsection (1) , (2) or (2A) ; and(b) [Section 80 Subsection (3) amended by No. 51 of 2015, s. 85, Applied:01 Sep 2016] use such reasonable force as may be necessary to remove from licensed premises or the vicinity of licensed premises a person whom the police officer reasonably believes is committing, or has committed, an offence under subsection (1) , (2) or (2A) .
80A. Person to leave permit premises when required to do so, &c.
[Section 80A Inserted by No. 73 of 1994, s. 11 ](1) [Section 80A Subsection (1) amended by No. 51 of 2015, s. 86, Applied:01 Sep 2016] A person who has been required under this Part to leave permit premises–(a) must leave those premises when required to do so; and(b) must not re-enter or attempt to re-enter those premises during the period of 24 hours after the person so left those premises or was removed from those premises under subsection (2) .Penalty: [Section 80A Subsection (1) amended by No. 7 of 2008, s. 35, Applied:02 May 2008] Fine not exceeding 50 penalty units.(1A) [Section 80A Subsection (1A) inserted by No. 51 of 2015, s. 86, Applied:01 Sep 2016] A person to whom subsection (1) applies must not, without reasonable excuse, remain in the vicinity of that permit premises for –whichever is the longer period.(a) the remainder of the day's trading for the permit premises; or(b) 6 hours from being required to leave the premises –Penalty: Fine not exceeding 50 penalty units.(1B) [Section 80A Subsection (1B) inserted by No. 51 of 2015, s. 86, Applied:01 Sep 2016] For the purposes of subsection (1A) , reasonable excuse includes, but is not limited to, the person –(a) residing within the vicinity of the permit premises; and(b) needing to remain in, or re-enter, the vicinity of the permit premises to obtain transport; and(c) reasonably fearing for his or her safety if he or she does not remain in, or re-enter, the vicinity of the permit premises.(2) A police officer may –(a) [Section 80A Subsection (2) amended by No. 51 of 2015, s. 86, Applied:01 Sep 2016] arrest without warrant a person whom the police officer reasonably believes is committing, or has committed, an offence under subsection (1) or (1A) ; and(b) [Section 80A Subsection (2) amended by No. 51 of 2015, s. 86, Applied:01 Sep 2016] use such reasonable force as may be necessary to remove from permit premises or the vicinity of permit premises a person whom the police officer reasonably believes is committing, or has committed, an offence under subsection (1) or (1A) .
[Section 81 Amended by No. 7 of 2008, s. 36, Applied:02 May 2008] [Section 81 Substituted by No. 51 of 2015, s. 87, Applied:01 Sep 2016](1) In this section –barred person means a person on or to whom an order under subsection (2) or (4) is served or given;senior police officer, in relation to a barring order, means –(a) in the case of a barring order in force for a period of less than 72 hours, a police officer of or above the rank of sergeant; and(b) in the case of a barring order in force for a period of 72 hours or more, a police officer of or above the rank of inspector.(2) A licensee, a person acting with the authority of the licensee, or a permit holder, may by order in writing served on a person, bar that person from entering or remaining on the licensed premises or permit premises for a specified period not exceeding 6 months –(a) if the barred person is intoxicated or acting in a violent or quarrelsome manner on the licensed premises or permit premises; or(b) if the licensee, person acting with the authority of the licensee, or permit holder, reasonably believes that the safety of the barred person or any other person on the licensed premises or permit premises is at risk because of the behaviour of the barred person as a result of his or her consumption of liquor; or(c) on any other reasonable ground.(3) An order served under subsection (2) must be in a form approved by the Commissioner.(4) A police officer may, with the authorisation of a senior police officer, by order given to a person in the prescribed manner, bar the person from entering or remaining on –for a specified period not exceeding 6 months.(a) specified licensed premises or permit premises; or(b) licensed premises or permit premises of a specified class within a specified area; or(c) all licensed premises or permit premises within a specified area –(5) A police officer may give an order under subsection (4) –(a) if the police officer is satisfied that the welfare of the barred person is seriously at risk as a result of the barred person's consumption of liquor; or(b) if the barred person commits an offence, or behaves in an offensive or disorderly manner, on the licensed premises or permit premises or in an area adjacent to the licensed premises or permit premises; or(c) on any other reasonable ground.(6) Notwithstanding the Personal Information Protection Act 2004 , a police officer may provide a licensee or permit holder, or an employee of a licensee or permit holder, with information about a person (including photographic and other information that may identify the person) for the purpose of identifying a person who has been barred from the licensed premises or permit premises under a barring order.(7) A person who is prohibited under a barring order from entering or remaining on licensed premises or permit premises must not enter or attempt to enter, or remain on, the licensed premises or permit premises to which the order relates.Penalty: Fine not exceeding 50 penalty units.(8) A person on whom a barring order has been served or given must not, without reasonable excuse, enter or remain in the vicinity of the licensed premises or permit premises to which the order relates for –whichever is the longer period.(a) the remainder of the day's trading for the licensed premises or permit premises; or(b) 6 hours from the time of being served or given the barring order –Penalty: Fine not exceeding 50 penalty units.(9) For the purposes of subsection (8) , reasonable excuse includes, but is not limited, to the person –(a) residing within the vicinity of the licensed premises or permit premises; and(b) needing to remain in, or re-enter, the vicinity of the licensed premises or permit premises to obtain transport; and(c) reasonably fearing for his or her safety if he or she does not remain in, or re-enter, the vicinity of the licensed premises or permit premises.(10) A barring order under this section must contain any prescribed information.(11) The power under this section to serve or give a barring order includes a power, exercisable in a like manner, to vary or revoke the barring order.
81A. Review of police barring order
[Section 81A Inserted by No. 51 of 2015, s. 87, Applied:01 Sep 2016](1) A person may apply, in writing, to the Commissioner of Police for a review of a barring order given by a police officer under section 81(4) .(2) If an application for a review of a barring order is made under subsection (1) , the Commissioner of Police must –(a) determine the application; or(b) appoint a police officer of or above the rank of inspector to determine the application.(3) In determining an application for a review of a barring order under subsection (1) , the Commissioner of Police or police officer appointed under subsection (2)(b) may –(a) uphold the barring order; or(b) vary the barring order; or(c) revoke the barring order.(4) An application under subsection (1) must be determined within 28 days from the date the Commissioner of Police received the application.(5) On determining an application under subsection (1) , the Commissioner of Police or police officer appointed under subsection (2)(b) must notify the applicant, in writing, of that determination.(6) A notice under subsection (5) is to inform the applicant of the applicant's right to appeal to the Commission against the making of a determination under subsection (3) .
82. Authorized officer not to be hindered, &c.
[Section 82 Amended by No. 73 of 1994, s. 12 ]A person must not, without reasonable excuse –(a) hinder an authorized officer carrying out the authorized officer's duties under this Part; or(b) fail to comply with any requirement of an authorized officer made in accordance with this Part; or(c) fail to provide an authorized officer with reasonable assistance in the exercise of any power under this Part.Penalty: [Section 82 Amended by No. 7 of 2008, s. 37, Applied:02 May 2008] Fine not exceeding 100 penalty units.
83. Name, address and date of birth to be given to police if lawfully requested
[Section 83 Amended by No. 51 of 2015, s. 88, Applied:01 Sep 2016] A person must give the person's name, address and date of birth if required to do so by a police officer acting in accordance with this Part.Penalty: [Section 83 Amended by No. 7 of 2008, s. 38, Applied:02 May 2008] Fine not exceeding 50 penalty units.
Division 7 - [Part 2, Div. 7 Heading amended by No. 73 of 1994, s. 13 ]Administration of licensed premises and permit premises[Division 7 of Part 2 Heading amended by No. 51 of 2015, s. 89, Applied:01 Sep 2016]
84. Areas of licensed premises may be designated to prohibit or restrict entry, &c., of young people
(1) The Commissioner may from time to time designate any part of licensed premises as an area where a person under the age of 18 years can not enter or remain.(2) The Commissioner may from time to time designate any part of licensed premises as an area where a person under the age of 18 years can not enter or remain except –(a) to have a meal; or(b) [Section 84 Subsection (2) amended by No. 51 of 2015, s. 90, Applied:01 Sep 2016] in the company of a responsible adult.(3) The designation of an area under subsection (1) or (2) may be limited to apply between specified times.(4) An area may be designated under both subsections (1) and (2) if the designations apply at different times.(5) A designation under subsection (1) or (2) may apply to the whole of the licensed premises.(6) The Commissioner shall notify the licensee when an area of the licensed premises has been designated under subsection (1) or (2) and shall specify in the notice –(a) the type of designation; and(b) the area so designated; and(c) if the designation applies between specified times – the times between which the designation applies.
(1) An authorized officer may, at any time enter and inspect –(a) licensed premises; and(b) any other premises –which are provided for the use of patrons of the licensed premises.(i) belonging to the licensee; or(ii) under the licensee's control –(2) [Section 85 Subsection (2) omitted by No. 75 of 1999, s. 9, Applied:24 Nov 1999] . . . . . . . .(3) [Section 85 Subsection (3) omitted by No. 75 of 1999, s. 9, Applied:24 Nov 1999] . . . . . . . .
86. Powers of authorized officer
[Section 86 Substituted by No. 73 of 1994, s. 14 ](1) For the purposes of this Part, an authorized officer may require a person, by written notice served on the person, to provide the officer within the period specified in the notice with a statement containing such particulars relating to dealing with liquor as are specified in the notice.(2) For the purposes of this Part, an authorized officer may, without warrant and with such assistants as he or she considers appropriate –(a) [Section 86 Subsection (2) amended by No. 51 of 2015, s. 91, Applied:01 Sep 2016] at any time during which liquor may be sold on permit premises, enter and remain on those premises; and(b) at any reasonable time, enter and remain on licensed premises; and(c) at any reasonable time, enter and remain on any premises (other than any premises used as a residence) which the authorized officer has reason to suspect is being, or has been, used for the purpose of –(i) carrying on the business of selling liquor; or(ii) storing liquor or records or other documents in connection with the business of selling liquor.(3) For the purposes of this Part, an authorized officer may, with the authority of a warrant issued under subsection (5) and with such assistants as he or she considers appropriate –(a) use such reasonable force as is necessary to enter and remain in any premises specified in subsection (2) at the relevant time so specified; or(b) using such reasonable force as is necessary, at any reasonable time enter and remain in any premises used as a residence.(4) In any premises lawfully entered, an authorized officer may do any one or more of the following:(a) inspect the premises;(b) search for, examine, take possession of, make copies of, take extracts from or secure against interference any records or other documents relating to the purchase, other obtaining, sale or other disposal of liquor;(c) search for, examine, take possession of or secure against interference any liquor that –(i) [Section 86 Subsection (4) amended by No. 75 of 1999, s. 10, Applied:24 Nov 1999] . . . . . . . .(ii) may be evidence of a contravention of this Part, a liquor licence, a liquor permit, a liquor restriction order or a condition of a liquor licence, liquor permit or liquor restriction order;(d) if it is necessary to do so, break open and search anything on the premises in which such records or other documents or liquor may be stored or concealed;(e) require any person on the premises to produce any such record or other document;(f) require a person on the premises to answer a question relevant to any of the following matters if the officer reasonably suspects that the person has the knowledge necessary to answer it:(i) [Section 86 Subsection (4) amended by No. 75 of 1999, s. 10, Applied:24 Nov 1999] . . . . . . . .(ii) the contravention of a liquor licence, liquor permit, liquor restriction order or condition of such a licence, permit or order;(g) seize anything which the authorized officer believes appears to indicate that an offence under this Act has been, or is being, committed;(h) require any person on the premises to provide his or her name and address.(5) On the application of an authorized officer, a magistrate or justice may issue a warrant to the authorized officer named in the warrant authorizing the authorized officer to use such force as is reasonably necessary to enter and remain in any premises specified in subsection (2) or to enter and remain in any premises used as a residence, using such force as is necessary, if the magistrate or justice is satisfied that there are reasonable grounds for believing it necessary for the officer –(a) to use such force to enter any premises specified in subsection (2) ; or(b) [Section 86 Subsection (5) amended by No. 7 of 2008, s. 39, Applied:02 May 2008] to enter any premises used as a residence, using such reasonable force as is necessary, for the purpose of exercising or performing his or her powers or duties under this Act.(6) A warrant is to specify the premises in respect of which it is issued.(7) If a record or other document is obtained by an authorized officer by the exercise of powers under this section, that record or other document, evidence of that record or other document or evidence of the obtaining of that record or other document is not admissible against any person in any civil or criminal proceedings, other than proceedings for an offence under this Act or in respect of a contravention of conditions to which a liquor licence or liquor permit is subject.(8) A person is not required to answer a question under subsection (4) (f) if to do so would incriminate the person.(9) Any information provided by a person in response to a question asked under subsection (4) (f) is not admissible against the person in any civil or criminal proceedings, other than proceedings for an offence under section 82 or in respect of a contravention of conditions to which a liquor licence or liquor permit is subject.(10) Nothing done under this section in relation to a document or liquor prejudices a lien on that document or liquor.
87. Possession of document or other thing by authorized officer
[Section 87 Substituted by No. 73 of 1994, s. 14 ][Section 88 Repealed by No. 73 of 1994, s. 14 ]. . . . . . . .(1) If an authorized officer has possession of any record, other document or other thing for the purposes of this Act, the authorized officer –(a) must, as soon as practicable, give a receipt to the apparent owner of that record, other document or other thing or the person who delivered it to the officer or from whose possession it was taken; and(b) may retain the record, other document or other thing for so long as is necessary for those purposes.(2) If any person otherwise entitled to possession of a record or other document retained by an authorized officer so requests the Commissioner in writing, the Commissioner must provide to the person as soon as practicable a copy of the record of other document that the Commissioner has certified to be a true copy.
89. Police may enter licensed premises or permit premises
A police officer may enter –to ascertain if this Part is being complied with.(a) licensed premises at any time; or(b) [Section 89 Amended by No. 51 of 2015, s. 92, Applied:01 Sep 2016] permit premises during the time liquor may be sold on those premises under the authority of the permit–
90. Police may enter premises on reasonable suspicion
A police officer who has reasonable grounds for believing that liquor is being sold on premises contrary to this Part may enter those premises.
91. Police power to use force to gain entry
A police officer entering premises in accordance with this Part may –(a) if entry to the premises is barred – use such force as is reasonably necessary to gain entry to the premises; and(b) be accompanied by as many other people as the officer reasonably considers to be necessary.
92. Police may request name, address and date of birth if offence suspected
(1) If a police officer has reasonable grounds for believing that a person has committed or is committing an offence under this Act the officer may require that person to give the person's name, address and date of birth.(2) If a police officer, acting in accordance with subsection (1) has requested a person to give the person's name, address or date of birth, the officer may arrest, without warrant, that person if –(a) that person refuses to give the person's name, address or date of birth; or(b) the police officer reasonably believes any name, address or date of birth given by that person is false.
92A. Power to seize false identity documents
[Section 92A Inserted by No. 7 of 2008, s. 40, Applied:02 May 2008](1) This section applies if –(a) a person produces a document to a responsible entity in evidence of the person's age or identity for the purposes of this Act; and(b) the responsible entity reasonably suspects that the document is a false document.(2) The responsible entity may seize the document.(3) If the responsible entity seizes the document and he or she is not a police officer, he or she must –(a) give the document to a police officer within 72 hours after the time of seizure together with a written notice specifying at least the following:(i) the time and date of seizure;(ii) the place of seizure;(iii) the nature of the reasonable suspicion that prompted the seizure;(iv) the responsible entity's name and address; and(b) give any police officer such information concerning the seizure of the document as the police officer may require.Penalty: Fine not exceeding 10 penalty units.(4) The following provisions apply to the seized document:(a) a police officer may dispose of it in such manner as the Commissioner of Police thinks fit if the police officer is satisfied that it is a false document;(b) a police officer may return it to the person from whom it was seized if, after making enquiries, the police officer is satisfied that it is in fact the authentic property of that person;(c) a police officer may return it to a person other than the person from whom it was seized if, after making enquiries, the police officer is satisfied that it is the authentic property of that other person and that the other person is not responsible for any fraudulent use made, or attempted to be made, of the document.(5) In this section –responsible entity means –(a) [Section 92A Subsection (5) amended by No. 51 of 2015, s. 93, Applied:01 Sep 2016] a licensee or permit holder; or(b) [Section 92A Subsection (5) amended by No. 51 of 2015, s. 93, Applied:01 Sep 2016] an employee of a licensee or permit holder whose duties as such employee include the sale or service of liquor; or(c) [Section 92A Subsection (5) amended by No. 51 of 2015, s. 93, Applied:01 Sep 2016] a crowd controller, within the meaning of the Security and Investigations Agents Act 2002 , performing crowd control duties for or on behalf of a licensee or permit holder; or(d) a police officer.
93. Power to restrict entry to licensed or permit premises
(1) A licensee or a person acting with the authority of the licensee may –(a) prohibit the entry of any person onto the licensed premises; or(b) require a person to leave the licensed premises.(2) Subsection (1) does not apply to a person authorized by law to be on the licensed premises without the licensee's consent.(3) [Section 93 Subsection (3) amended by No. 51 of 2015, s. 94, Applied:01 Sep 2016] [Section 93 Subsection (3) inserted by No. 73 of 1994, s. 15 ]The holder of a permit or a person acting with the authority of that holder may–(a) [Section 93 Subsection (3) amended by No. 51 of 2015, s. 94, Applied:01 Sep 2016] prohibit the entry of any person onto the permit premises; or(b) require a person to leave such premises.(4) [Section 93 Subsection (4) amended by No. 51 of 2015, s. 94, Applied:01 Sep 2016] Subsection (3) does not apply to a person authorized by law to be on the permit premises without the consent of the holder of the permit.
94. Power of police to require people to leave licensed or permit premises
(1) [Section 94 Subsection (1) amended by No. 73 of 1994, s. 16 ]A police officer may require a person –to leave those premises.(a) [Section 94 Subsection (1) amended by No. 51 of 2015, s. 95, Applied:01 Sep 2016] the police officer reasonably believes is on licensed premises contrary to this Part or on premises specified in a liquor permit contrary to that permit; or(b) whose entry onto licensed premises has lawfully been prohibited by or on behalf of the licensee; or(ba) [Section 94 Subsection (1) amended by No. 51 of 2015, s. 95, Applied:01 Sep 2016] whose entry onto permit premises has been prohibited in accordance with this Part; or(c) who has lawfully been required by the licensee or a person acting with the authority of the licensee to leave licensed premises; or(d) [Section 94 Subsection (1) amended by No. 51 of 2015, s. 95, Applied:01 Sep 2016] who has been required, in accordance with this Part, to leave permit premises–(2) [Section 94 Subsection (2) amended by No. 73 of 1994, s. 16 ]A police officer may –(a) arrest without warrant a person who refuses to comply with a requirement made in accordance with subsection (1) ; and(b) [Section 94 Subsection (2) amended by No. 51 of 2015, s. 95, Applied:01 Sep 2016] use such reasonable force as may be necessary to remove from licensed premises or permit premises a person who refuses to comply with a requirement made in accordance with subsection (1) .
95. Police may seize liquor in certain circumstances
(1) A police officer may seize liquor and its container if the officer reasonably believes the liquor –contrary to this Part.(a) is being kept for sale; or(b) has been sold; or(c) is to be consumed –(2) For the purposes of subsection (1) a police officer may open a container the officer reasonably believes to contain liquor and may sample its contents.
(1) If –the court that convicted the person may order that the liquor and its container be forfeited to the Crown.(a) a police officer has seized liquor in accordance with this Part; and(b) a person is subsequently convicted of an offence under this Part in respect of that liquor –(2) [Section 96 Subsection (2) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] Liquor forfeited shall be disposed of in such manner as the Commissioner determines, and any proceeds shall be paid into the Public Account.
(1) If –a magistrate may order that the liquor be given to a person the magistrate is satisfied has a right to its possession.(a) a police officer has seized liquor in accordance with this Part; and(b) subsequent to the seizure –(i) no proceedings are instituted within a reasonable time for an offence for which the liquor may be forfeited; or(ii) proceedings are instituted for an offence for which the liquor may be forfeited but no order for its forfeiture is made –(2) [Section 97 Subsection (2) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] If no order is made the Commissioner may dispose of the liquor in such manner as is considered most appropriate, and pay any proceeds into the Public Account.
Division 8 - Disciplinary action[Division 8 of Part 2 Repealed by No. 75 of 1999, s. 11, Applied:24 Nov 1999] [Division 8 of Part 2 Inserted by No. 51 of 2015, s. 96, Applied:01 Sep 2016]
[Section 98 Repealed by No. 75 of 1999, s. 11, Applied:24 Nov 1999] [Section 98 Inserted by No. 51 of 2015, s. 96, Applied:01 Sep 2016] In this Division –disciplinary action means any one or more of the following:(a) the cancellation of a liquor licence or liquor permit;(b) the suspension, for a specified period, of a liquor licence or liquor permit;(c) the variation of a liquor licence or liquor permit;(d) the imposition of a fine not exceeding 100 penalty units;(e) the issuing of a letter of censure;variation, in relation to a liquor licence or liquor permit, includes but is not limited to the following:(a) a variation of the times at which the liquor licence or liquor permit authorises the sale of liquor;(b) a variation of the size or perimeter of the licensed premises or permit premises;(c) a variation of the conditions of the liquor licence or liquor permit (including omitting, amending, substituting or adding a condition).
99. Grounds for disciplinary action
[Section 99 Repealed by No. 75 of 1999, s. 11, Applied:24 Nov 1999] [Section 99 Inserted by No. 51 of 2015, s. 96, Applied:01 Sep 2016] Each of the following is a ground for disciplinary action in relation to a liquor licence or liquor permit:(a) the licensee or permit holder has contravened a provision of this Act;(b) the licensee or permit holder has contravened a condition to which the licence or permit is subject;(c) the licensee or permit holder is no longer qualified to hold a liquor licence or liquor permit;(d) failure to comply with a written notice under section 40 ;(e) the licensee or permit holder has been convicted of an offence, either in Tasmania or elsewhere, and the Commissioner is satisfied that it is not in the public interest that the licensee or permit holder continues to hold a liquor licence or liquor permit;(f) the licensee or permit holder is serving a term of imprisonment;(g) the licensee or permit holder has failed to discharge financial obligations or debts owing to the Crown under this Act;(h) the licence or permit was obtained by means of a false or misleading statement or by a failure to disclose relevant information;(i) the sale of liquor on the licensed premises or permit premises –(i) is causing undue annoyance or disturbance to –(A) people living or working in the neighbourhood of the premises; or(B) customers or clients of any business in the neighbourhood of the premises; or(C) people conducting or attending religious services or attending a school in the neighbourhood of the premises; or(D) people lawfully on the premises; or(ii) is causing the occurrence of disorderly conduct –(A) in the premises; or(B) in the neighbourhood of the premises;(j) an associate of the licensee or permit holder who is a natural person with any influence over the management of the business carried on under the licence or permit is not, or is no longer, a fit and proper person to be an associate of a licensee or permit holder;(k) the licensee or permit holder can no longer exercise effective control over the sale or consumption of liquor on all or any part of the licensed premises or permit premises;(l) the licensee or permit holder is no longer using or intending to use the licensed premises or permit premises for all or any of the activities authorized by the licence or permit;(m) in the case of a club licence –and, as a result, in the Commissioner's opinion it is inappropriate that liquor should continue to be sold on the club's premises;(i) the rules or constitution of the club have been changed without the Commissioner's approval; or(ii) the rules or constitution of the club are not being observed; or(iii) the club has failed to comply with, or has contravened, any applicable regulations or conditions specified in the licence; or(iv) the principal activity of the club is the sale or consumption of liquor –(n) the area of the licensed premises or permit premises has been altered without the Commissioner's approval.
100. Procedure for disciplinary action
[Section 100 Repealed by No. 75 of 1999, s. 11, Applied:24 Nov 1999] [Section 100 Inserted by No. 51 of 2015, s. 96, Applied:01 Sep 2016](1) If the Commissioner considers it appropriate, the Commissioner may inquire into whether there are grounds for disciplinary action against a licensee or permit holder.(2) The Commissioner must notify a licensee or permit holder by written notice –(a) that the Commissioner is considering taking disciplinary action on the grounds specified in the notice; and(b) that the licensee or permit holder, within 14 days of receipt of the notice, may make written submissions to the Commissioner as to why disciplinary action should not be taken.(3) After considering any submissions made under subsection (2) , the Commissioner may –(a) take such disciplinary action as the Commissioner considers appropriate; or(b) take no further action.(4) The Commissioner must serve a licensee or permit holder with written notice of the Commissioner's decision under subsection (3) .(5) If the Commissioner gives notice under subsection (4) that disciplinary action will be taken, the Commissioner is to, at the same time, inform the licensee or permit holder of the licensee's or permit holder's right to appeal to the Commission against the Commissioner's decision.(6) Disciplinary action takes effect when the notice under subsection (4) is served on the licensee or permit holder or at a later time specified in the notice.(7) If disciplinary action is taken relating to a liquor licence or liquor permit because a licensee or permit holder has been convicted of an offence –(a) the disciplinary action does not take effect until –(i) the expiration of the period to appeal against the conviction; or(ii) if an appeal is made against the conviction, the appeal is finally decided; and(b) the disciplinary action has no effect if the conviction is overturned.
101. Disciplinary action as a letter of censure
[Section 101 Repealed by No. 75 of 1999, s. 11, Applied:24 Nov 1999] [Section 101 Inserted by No. 51 of 2015, s. 96, Applied:01 Sep 2016](1) Despite section 100(2) , the Commissioner may issue a letter of censure to a licensee or permit holder without first allowing the licensee or permit holder an opportunity to make submissions as to why the letter of censure should not be issued.(2) A letter of censure may –(a) include a direction to the licensee or permit holder to take the action specified in the letter for the purposes of rectifying any matter giving rise to the letter; and(b) direct that the action be taken within a period specified in the letter.(3) If a licensee or permit holder fails to comply with a direction given in a letter of censure within the period specified, the Commissioner may –(a) if the letter of censure was issued after giving the licensee or permit holder the opportunity to make submissions as to why disciplinary action should not be taken, take further disciplinary action without giving the licensee or permit holder a further opportunity to make submissions; or(b) if the letter of censure was issued without first giving the licensee or permit holder the opportunity to make submissions as to why disciplinary action should not be taken, take disciplinary action in accordance with section 100 .
102. Disciplinary action as a fine
[Section 102 Repealed by No. 75 of 1999, s. 11, Applied:24 Nov 1999] [Section 102 Inserted by No. 51 of 2015, s. 96, Applied:01 Sep 2016] If disciplinary action is the imposition of a fine, the fine may be recovered as a debt due to the Crown.
103. Disciplinary action as a cancellation or suspension of liquor licence or liquor permit
[Section 103 Repealed by No. 75 of 1999, s. 11, Applied:24 Nov 1999] [Section 103 Inserted by No. 51 of 2015, s. 96, Applied:01 Sep 2016](1) If the Commissioner finds that a ground for disciplinary action against the licensee or permit holder is that the licensee or permit holder has been convicted of an offence, either in Tasmania or elsewhere, and the Commissioner is satisfied that it is not in the public interest that the licensee or permit holder continues to hold a liquor licence or liquor permit, the Commissioner must –(a) cancel the licence or permit; or(b) suspend the licence or permit for a specified period.(2) The Commissioner may, if he or she sees fit, take other disciplinary action against a licensee or permit holder in respect of whom grounds for disciplinary action have been established in addition to the disciplinary action specified in subsection (1) .
[Section 104 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] [Section 104 Inserted by No. 51 of 2015, s. 96, Applied:01 Sep 2016](1) This section applies if the Commissioner believes, on reasonable grounds that –(a) a ground exists for taking disciplinary action in relation to a liquor licence or liquor permit; and(b) harm may be caused to members of the public if urgent action to suspend the liquor licence or liquor permit is not taken.(2) The Commissioner may immediately suspend the liquor licence or liquor permit by written notice which must –(a) be served on the licensee or permit holder; and(b) state that the liquor licence or liquor permit is suspended; and(c) inform the licensee or permit holder of his or her right to appeal to the Commission against the Commissioner’s decision.(3) An urgent suspension takes effect immediately the notice is served on the licensee or permit holder.(4) At the same time as the Commissioner serves the notice on the licensee or permit holder, the Commissioner is to commence disciplinary action under section 100 .(5) An urgent suspension continues until the first of the following happens:(a) the Commissioner revokes it;(b) the Commissioner, under section 100(4) , serves on the licensee notice of the Commissioner’s decision under section 100(3) ;(c) the end of the period of 30 days from the day the notice under subsection (2) was served on the licensee.(6) If an appeal against the suspension of a licence or permit under this section is made under section 212(1) , the Commission is to, within 14 days of receiving the notice of the appeal, sit to hear the appeal.
Division 9 - Licence or permit cancellation or suspension in other circumstances[Division 9 of Part 2 Inserted by No. 51 of 2015, s. 96, Applied:01 Sep 2016]
105. Licence or permit suspension or cancellation
[Section 105 Substituted by No. 9 of 2002, s. 15, Applied:15 Sep 2003] [Section 105 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] [Section 105 Inserted by No. 51 of 2015, s. 96, Applied:01 Sep 2016](1) The Commissioner may, by written notice served on the licensee or permit holder, cancel a liquor licence or liquor permit, or suspend a liquor licence or liquor permit for such period as the Commissioner considers appropriate, if –(a) the Commissioner is satisfied that –(i) in the case of an on-licence granted in respect of premises operating as a restaurant, the licensee is no longer using the premises as a restaurant; or(ii) the licensee or permit holder is no longer the owner or occupier of the licensed premises or permit premises; or(iii) the licensee or permit holder is no longer the agent of the owner or occupier of the licensed premises or permit premises; or(b) the licensee or permit holder is no longer using or intending to use the licensed premises or permit premises for all or any of the activities authorized by the licence or permit; or(c) a licensee fails to pay the prescribed annual liquor licence fee payable under section 26A –(i) within one month of it becoming payable; or(ii) by any later date to which the Commissioner may agree; or(d) a licensee or permit holder fails to pay a fine imposed under section 102 .(2) If the Commissioner gives notice under this section cancelling or suspending a liquor licence or liquor permit, the Commissioner is to, at the same time, inform the licensee or permit holder of the licensee's or permit holder's right to appeal to the Commission against the cancellation or suspension of the licence or permit.(3) The cancellation or suspension of a liquor licence or liquor permit under this section takes effect on the date when notice of the cancellation or suspension is served on the licensee or permit holder, or on such later date as is specified in the notice.
Division 10 - Miscellaneous[Division 10 of Part 2 Inserted by No. 51 of 2015, s. 96, Applied:01 Sep 2016]
106. Revocation or reduction of suspension
[Section 106 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] [Section 106 Inserted by No. 51 of 2015, s. 96, Applied:01 Sep 2016] The Commissioner may revoke or reduce a suspension under this Act at any time by notice served on the licensee or permit holder.
107. Liability not extinguished by suspension, cancellation, surrender, transfer or expiry of licence or permit
[Section 107 Subsection (1) amended by No. 9 of 2002, s. 16, Applied:15 Sep 2003] [Section 107 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] [Section 107 Inserted by No. 51 of 2015, s. 96, Applied:01 Sep 2016] The liability of a licensee or permit holder to –(a) disciplinary action under Division 8 ; or(b) the cancellation or suspension of the liquor licence or liquor permit under Division 9 –is not extinguished by the subsequent suspension, cancellation, surrender, transfer or expiry of that licence or permit under another provision of this Act and, for that purpose –(c) a reference in this Division to a licensee or permit holder includes a former licensee or former permit holder; and(d) the Commissioner’s disciplinary powers under this Division are, with necessary modification, capable of being exercised in respect of the acts or omissions of any person in his or her capacity as a former licensee or former permit holder.
PART 3 - . . . . . . . .[Part 3 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005]
Division 1 - . . . . . . . .[Division 1 of Part 3 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] [Section 105A Inserted by No. 9 of 2002, s. 15, Applied:15 Sep 2003] [Section 105A Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 105B Inserted by No. 9 of 2002, s. 15, Applied:15 Sep 2003] [Section 105B Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 105C Inserted by No. 9 of 2002, s. 15, Applied:15 Sep 2003] [Section 105C Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 105D Inserted by No. 9 of 2002, s. 15, Applied:15 Sep 2003] [Section 105D Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 105E Inserted by No. 9 of 2002, s. 15, Applied:15 Sep 2003] [Section 105E Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 105F Inserted by No. 9 of 2002, s. 15, Applied:15 Sep 2003] [Section 105F Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 108 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 109 Subsection (1) amended by No. 57 of 1996, s. 55 and Sched. 5 ][Section 109 Subsection (1) amended by No. 9 of 2002, s. 17, Applied:15 Sep 2003] [Section 109 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 110 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 111 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 112 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 113 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . .
Division 2 - . . . . . . . .[Division 2 of Part 3 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] [Section 114 Amended by No. 40 of 2003, Sched. 1, Applied:15 Sep 2003] [Section 114 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 115 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 116 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 117 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 118 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 119 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 120 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 121 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 122 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 123 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . .
Division 3 - . . . . . . . .[Division 3 of Part 3 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] [Section 124 Amended by No. 40 of 2003, Sched. 1, Applied:15 Sep 2003] [Section 124 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 125 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 126 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 127 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 128 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 129 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 130 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . .
Division 4 - . . . . . . . .[Division 4 of Part 3 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] [Section 131 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 132 Subsection (1) amended by No. 40 of 2003, s. 17, Applied:15 Sep 2003] [Section 132 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 133 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . .
Division 5 - . . . . . . . .[Division 5 of Part 3 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] [Section 134 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 135 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 136 Amended by No. 40 of 2003, s. 18, Applied:15 Sep 2003] [Section 136 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 137 Amended by No. 40 of 2003, s. 19, Applied:15 Sep 2003] [Section 137 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 138 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 139 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 140 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 141 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 142 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 143 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 144 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 145 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 146 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . .
Division 6 - . . . . . . . .[Division 6 of Part 3 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] [Section 147 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 148 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 149 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 150 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 151 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 152 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . .
Division 7 - . . . . . . . .[Division 7 of Part 3 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] [Section 153 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 154 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 155 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . .
Division 8 - . . . . . . . .[Division 8 of Part 3 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] [Section 156 Subsection (3) inserted by No. 9 of 2002, s. 18, Applied:15 Sep 2003] [Section 156 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 157 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . . [Section 158 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . .
Division 9 - . . . . . . . .[Part 3, Div. 9 Inserted by No. 81 of 1993, s. 4 ][Division 9 of Part 3 Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] [Section 158A Inserted by No. 81 of 1993, s. 4 ][Section 158A Subsection (1) amended by No. 9 of 2002, s. 19, Applied:15 Sep 2003] [Section 158A Repealed by No. 24 of 2004, s. 20, Applied:01 Jan 2005] . . . . . . . .
PART 4 - . . . . . . . .[Part 4 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003]
Division 1 - . . . . . . . .[Division 1 of Part 4 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] [Section 159 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 160 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . .
Division 2 - . . . . . . . .[Division 2 of Part 4 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] [Section 161 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 162 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 163 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 164 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 165 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 166 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 167 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 168 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 169 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 170 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . .
Division 3 - . . . . . . . .[Division 3 of Part 4 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] [Section 171 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 172 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 173 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 174 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 175 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 176 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 177 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . .
Division 4 - . . . . . . . .[Division 4 of Part 4 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] [Section 178 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 179 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 180 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . .
Division 5 - . . . . . . . .[Division 5 of Part 4 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] [Section 181 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 182 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . .
Division 6 - . . . . . . . .[Division 6 of Part 4 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] [Section 183 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 184 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 185 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 186 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 187 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 188 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 189 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 190 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 191 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 192 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 193 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . .
Division 7 - . . . . . . . .[Division 7 of Part 4 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] [Section 194 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 195 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 196 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 197 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 198 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 199 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . .
Division 8 - . . . . . . . .[Division 8 of Part 4 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] [Section 200 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 201 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 202 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . .
Division 9 - . . . . . . . .[Division 9 of Part 4 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] [Section 203 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 204 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . . [Section 205 Repealed by No. 9 of 2002, s. 20, Applied:15 Sep 2003] . . . . . . . .
PART 5 - Administration
Division 1 - Administrative structure[Section 206 Subsection (2) amended by No. 40 of 2003, s. 20, Applied:15 Sep 2003] [Section 206 Subsection (3) omitted by No. 7 of 2008, s. 41, Applied:02 May 2008] [Section 206 Subsection (7) amended by No. 40 of 2003, s. 20, Applied:15 Sep 2003] [Section 206 Repealed by No. 9 of 2015, s. 20, Applied:12 Aug 2015] . . . . . . . .
207. Commissioner for Licensing
[Section 207 Subsection (1) substituted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Section 207 Subsection (1) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 207 Subsection (1A) inserted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Section 207 Subsection (6) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 207 Subsection (7) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 207 Subsection (7) substituted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Section 207 Subsection (8) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 207 Subsection (8) inserted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Section 207 Subsection (8A) inserted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 207 Subsection (9) inserted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Section 207 Subsection (10) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 207 Subsection (10) inserted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Section 207 Subsection (11) omitted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 207 Substituted by No. 7 of 2008, s. 42, Applied:02 May 2008](1) The Minister may appoint a State Service officer or State Service employee to be Commissioner for Licensing and that officer or employee holds that office in conjunction with State Service employment.(2) The Commissioner –(a) has such powers and duties as are conferred on the Commissioner by this or any other Act; and(b) may do all things necessary or convenient to be done for or in connection with the exercise and performance of those powers and duties.(3) [Section 207 Subsection (3) amended by No. 51 of 2015, s. 97, Applied:01 Sep 2016] Without limiting the generality of subsection (2)(b) , the Commissioner may carry out enquiries into persons who are associates or prospective associates of licensees or permit holders.
208. Delegation by Commissioner
[Section 208 Substituted by No. 7 of 2008, s. 42, Applied:02 May 2008] The Commissioner may delegate to another person any of the Commissioner's powers or duties under this Act other than –(a) this power of delegation; and(b) the Commissioner's powers under section 209 .
[Section 209 Subsection (2) amended by No. 73 of 1994, s. 18 ][Section 209 Substituted by No. 7 of 2008, s. 42, Applied:02 May 2008](1) The Commissioner may appoint a State Service officer or State Service employee employed in the Department to be an authorized officer for the purposes of this Act and that officer or employee may hold that office in conjunction with State Service employment.(2) The Commissioner, with the consent of a Head of a State Service Agency other than the Department, may appoint a State Service officer or State Service employee employed in that Agency to be an authorized officer for the purposes of this Act and that officer or employee may hold that office in conjunction with State Service employment.(3) The Commissioner may authorise a person who is not a State Service officer or State Service employee to exercise the powers or perform the duties of an authorized officer for the purposes of this Act.(4) An appointment or authorisation under this section may be –(a) unrestricted; or(b) restricted in such ways, whether as to the range of powers and duties that may be exercised and performed or otherwise, as are specified in the instrument of appointment or authorisation.(5) Any power or duty that may be exercised or performed under this Act by an authorized officer may be exercised or performed by the Commissioner.
210. Authorized officer to produce authority
An authorized officer, exercising a power under this Act, shall produce the officer's instrument of appointment if requested to do so.
Division 2 - Appeals and hearings
211. Right to appeal to Commission
[Section 211 Amended by No. 9 of 2015, s. 21, Applied:12 Aug 2015] [Section 211 Amended by No. 24 of 2004, s. 21, Applied:01 Jan 2005] [Section 211 Amended by No. 7 of 2008, s. 43, Applied:02 May 2008] [Section 211 Amended by No. 24 of 2004, s. 21, Applied:01 Jan 2005] [Section 211 Amended by No. 7 of 2008, s. 43, Applied:02 May 2008] [Section 211 Amended by No. 24 of 2004, s. 21, Applied:01 Jan 2005] [Section 211 Amended by No. 9 of 2015, s. 21, Applied:12 Aug 2015] [Section 211 Amended by No. 9 of 2002, s. 22, Applied:15 Sep 2003] [Section 211 Amended by No. 24 of 2004, s. 21, Applied:01 Jan 2005] [Section 211 Amended by No. 9 of 2015, s. 21, Applied:12 Aug 2015] [Section 211 Amended by No. 9 of 2002, s. 22, Applied:15 Sep 2003] [Section 211 Substituted by No. 51 of 2015, s. 99, Applied:01 Sep 2016](1) A person may appeal to the Commission against a decision by the Commissioner in respect of the following matters:(a) [Section 211 Subsection (1) amended by No. 51 of 2015, s. 98, Applied:01 Sep 2016] a refusal to grant a liquor licence or liquor permit;(b) [Section 211 Subsection (1) amended by No. 51 of 2015, s. 98, Applied:01 Sep 2016] the imposition of conditions on a liquor licence or liquor permit;(c) a refusal to give any approval;(d) [Section 211 Subsection (1) amended by No. 51 of 2015, s. 98, Applied:01 Sep 2016] the suspension, cancellation or variation of a liquor permit;(e) [Section 211 Subsection (1) amended by No. 51 of 2015, s. 98, Applied:01 Sep 2016] the suspension, cancellation or variation of a liquor licence;(f) [Section 211 Subsection (1) amended by No. 51 of 2015, s. 98, Applied:01 Sep 2016] any requirement specified in a notice served in accordance with section 40 or 68 ;(g) [Section 211 Subsection (1) amended by No. 51 of 2015, s. 98, Applied:01 Sep 2016] a decision that a person is not qualified to hold a liquor licence or a liquor permit;(h) [Section 211 Subsection (1) amended by No. 51 of 2015, s. 98, Applied:01 Sep 2016] the making of a liquor restriction order;(i) [Section 211 Subsection (1) amended by No. 51 of 2015, s. 98, Applied:01 Sep 2016] a decision by the Commissioner to take disciplinary action.(2) A person may appeal to the Commission against a determination under section 81A(3).
(1) [Section 212 Subsection (1) amended by No. 9 of 2015, s. 22, Applied:12 Aug 2015] [Section 212 Subsection (1) substituted by No. 51 of 2015, s. 100, Applied:01 Sep 2016] An appeal against a decision by the Commissioner must be made, in writing, to the Commission within 14 days from the date of receipt of the decision or within such further period as the Commission considers is appropriate in the interests of justice.(2) [Section 212 Subsection (2) amended by No. 9 of 2015, s. 22, Applied:12 Aug 2015] [Section 212 Subsection (2) substituted by No. 51 of 2015, s. 100, Applied:01 Sep 2016] An appeal against a determination under section 81A(3) must be made, in writing, to the Commission within 14 days from the date of receipt of the determination or within such further period as the Commission considers is appropriate in the interests of justice.(3) [Section 212 Subsection (3) inserted by No. 51 of 2015, s. 100, Applied:01 Sep 2016] The Commission is to hold a hearing to consider an appeal within a reasonable period after receiving the appeal.
(1) [Section 213 Subsection (1) amended by No. 9 of 2015, s. 23, Applied:12 Aug 2015] [Section 213 Subsection (1) substituted by No. 9 of 2002, s. 23, Applied:15 Sep 2003] The Commission is to –(a) [Section 213 Subsection (1) amended by No. 9 of 2015, s. 23, Applied:12 Aug 2015] fix a time and place for a hearing in respect of an application referred to the Commission under section 24(2)(b) or an appeal; and(b) inform the Commissioner, the applicant or appellant and any person who made a representation in respect of the application or appeal accordingly; and(ba) [Section 213 Subsection (1) amended by No. 51 of 2015, s. 101, Applied:01 Sep 2016] in the case of an appeal against a determination under section 81A(3) , inform the Commissioner of Police of the appeal; and(c) provide the applicant or appellant with a copy of any representation.(2) [Section 213 Subsection (2) amended by No. 9 of 2015, s. 23, Applied:12 Aug 2015] At a hearing the Commission–(a) shall decide the procedure to be followed; and(b) shall give the applicant or appellant, as the case may be, the opportunity to be heard; and(c) may receive evidence orally or in writing; and(d) may take evidence on oath or affirmation; and(e) is not bound by rules of evidence but may inform itself in such manner as it thinks most appropriate; and(f) shall observe the rules of natural justice in so far as they are applicable.(3) [Section 213 Subsection (3) amended by No. 40 of 2003, s. 21, Applied:15 Sep 2003] For the purpose of subsection (2) (d) the chairperson at the hearing may administer an oath or affirmation.(4) [Section 213 Subsection (4) amended by No. 9 of 2015, s. 23, Applied:12 Aug 2015] A hearing may, at the Commission's discretion, be conducted in public or in private.(4A) [Section 213 Subsection (4A) inserted by No. 9 of 2015, s. 23, Applied:12 Aug 2015] A hearing may, at the Commission’s discretion, be determined solely on the basis of written evidence.(5) [Section 213 Subsection (5) amended by No. 9 of 2015, s. 23, Applied:12 Aug 2015] [Section 213 Subsection (5) amended by No. 40 of 2003, s. 21, Applied:15 Sep 2003] The Commission may, by notice signed by the chairperson, require a person–(a) to attend a hearing to give evidence; and(b) to produce at a hearing a document or anything else specified in the notice.(6) [Section 213 Subsection (6) amended by No. 9 of 2015, s. 23, Applied:12 Aug 2015] A person is not entitled to be represented at a hearing unless the Commission is satisfied that injustice could otherwise result.
214. Decision of Commission after hearing
(1) [Section 214 Subsection (1) amended by No. 51 of 2015, s. 102, Applied:01 Sep 2016] [Section 214 Subsection (1) amended by No. 9 of 2015, s. 24, Applied:12 Aug 2015] After a hearing the Commission is to–(a) [Section 214 Subsection (1) amended by No. 24 of 2004, s. 22, Applied:01 Jan 2005] [Section 214 Subsection (1) amended by No. 9 of 2015, s. 24, Applied:12 Aug 2015] in the case of a hearing relating to an application referred to the Commission under section 24(2)(b) , direct the Commissioner –(i) to grant the licence; or(ii) to refuse the application; and(b) [Section 214 Subsection (1) amended by No. 24 of 2004, s. 22, Applied:01 Jan 2005] [Section 214 Subsection (1) amended by No. 9 of 2015, s. 24, Applied:12 Aug 2015] [Section 214 Subsection (1) amended by No. 51 of 2015, s. 102, Applied:01 Sep 2016] in the case of an appeal against a determination under section 81A(3) –(i) confirm the determination; or(ii) revoke the determination; or(iii) remit the determination for reconsideration by the Commissioner of Police under section 81A in accordance with any directions or recommendations of the Commission; and(c) [Section 214 Subsection (1) amended by No. 9 of 2015, s. 24, Applied:12 Aug 2015] in the case of an appeal against a decision of the Commissioner–(i) confirm the Commissioner's decision; or(ii) revoke the Commissioner's decision; or(iii) [Section 214 Subsection (1) amended by No. 9 of 2015, s. 24, Applied:12 Aug 2015] direct the Commissioner to take such action as the Commission considers to be appropriate in the circumstances.(2) [Section 214 Subsection (2) amended by No. 51 of 2015, s. 102, Applied:01 Sep 2016] [Section 214 Subsection (2) amended by No. 9 of 2015, s. 24, Applied:12 Aug 2015] The Commissioner is to comply with a direction of the Commission.(3) [Section 214 Subsection (3) inserted by No. 51 of 2015, s. 102, Applied:01 Sep 2016] The Commissioner of Police is to comply with a direction or recommendation of the Commission.
[Section 216 Repealed by No. 40 of 2003, s. 22, Applied:15 Sep 2003] . . . . . . . .(1) [Section 215 Subsection (1) amended by No. 9 of 2015, s. 25, Applied:12 Aug 2015] The Commission–state a case for the opinion of the Supreme Court on any question of law arising on an application or appeal under this Act.(a) may at any time; and(b) [Section 215 Subsection (1) amended by No. 9 of 2015, s. 25, Applied:12 Aug 2015] shall, if ordered to do so by a judge in chambers following an application made in a summary way by an applicant or appellant at a hearing of the Commission–(2) The Supreme Court shall –(a) hear and determine a question of law referred to it; and(b) [Section 215 Subsection (2) amended by No. 9 of 2015, s. 25, Applied:12 Aug 2015] remit its decision to the Commission.(3) [Section 215 Subsection (3) amended by No. 9 of 2015, s. 25, Applied:12 Aug 2015] The Commission is bound by a decision given in accordance with subsection (2) (b) .(4) The Supreme Court may make such order as to cost of any case referred to it as it considers appropriate.(5) [Section 215 Subsection (5) amended by No. 9 of 2015, s. 25, Applied:12 Aug 2015] An application shall not be made to a judge under subsection (1) (b) except by a person who has already asked the Commission to state a case on a question.(6) [Section 215 Subsection (6) amended by No. 9 of 2015, s. 25, Applied:12 Aug 2015] Except as provided by this section, a decision by the Commission is final and without appeal.
217. Witnesses to appear at hearing, &c.
(1) [Section 217 Subsection (1) amended by No. 9 of 2015, s. 26, Applied:12 Aug 2015] A person who has been served with a notice to appear at a hearing of the Commission shall–(a) attend in accordance with the notice; or(b) produce a document or any other thing specified in the notice.Penalty: Fine not exceeding 5 penalty units.(2) [Section 217 Subsection (2) amended by No. 9 of 2015, s. 26, Applied:12 Aug 2015] A person called as a witness at a hearing before the Commission shall not–(a) refuse to be sworn or to affirm; or(b) refuse to answer any question the person would be required to answer in a court; or(c) answer any question incorrectly.Penalty: Fine not exceeding 5 penalty units.
Division 3 - General administration provisions
(1) In proceedings for an offence under this Act, an allegation in the complaint –is evidence of that matter.(a) that a substance referred to in the complaint was liquor; or(b) [Section 218 Subsection (1) amended by No. 24 of 2004, s. 23, Applied:01 Jan 2005] that a person named in the complaint was or was not on a specified date the holder of a liquor licence or permit; or(c) [Section 218 Subsection (1) amended by No. 24 of 2004, s. 23, Applied:01 Jan 2005] that premises referred to in the complaint were or were not on a specified date specified in a liquor licence or permit; or(d) that a person referred to in the complaint was on a specified date under the age of 18 years –(2) In legal proceedings, a document apparently certified by the Commissioner to be the original or a copy of a document granted under this Act –(a) is admissible in evidence; and(b) shall be accepted as the original or a copy of that document.(3) [Section 218 Subsection (3) inserted by No. 73 of 1994, s. 19 ]In proceedings for an offence in relation to the sale of liquor, proof that liquor was supplied, sent, forwarded or delivered to a person is evidence of the sale of the liquor.(4) [Section 218 Subsection (4) inserted by No. 73 of 1994, s. 19 ]In proceedings for an offence against section 5 , proof that bottles, decanters, glasses or other vessels commonly used to contain liquor were found on premises where the offence is alleged to have been committed and had been used recently is evidence of the sale of liquor on those premises.
218A. Time and place at which sale of liquor by mail order, &c., occurs
[Section 218A Inserted by No. 73 of 1994, s. 20 ]For the purposes of this Act, if liquor is sold by a licensee on the basis of an order received by mail, telephone, facsimile transmission or other electronic process, the sale is taken to have occurred at the time at which, and at the licensed premises from which, the licensee dispatches the liquor.
A document required by this Act to be served on or sent to a person may be served or sent –(a) by giving it to the person; or(b) by sending it by post to –(i) that person's last known place of residence; or(ii) [Section 219 Amended by No. 24 of 2004, s. 24, Applied:01 Jan 2005] in the case of a licensee– the premises specified in the liquor licence; or(c) by leaving it at –in an envelope addressed to that person; or(i) that person's last known place of residence; or(ii) [Section 219 Amended by No. 24 of 2004, s. 24, Applied:01 Jan 2005] in the case of a licensee– the premises specified in the liquor licence–(d) if that person is a facsimile service subscriber – by sending a copy via that service to the person's facsimile service number.
220. Form of licences, permits and approval
Licences and permits granted, and approvals given, under this Act shall be in such form as the Commissioner determines and may, in appropriate circumstances, be combined in one document.
220A. Application may be varied with Commissioner’s approval
[Section 220A Inserted by No. 51 of 2015, s. 103, Applied:01 Sep 2016] A person may vary an application made to the Commissioner under this Act if –(a) the person has the approval of the Commissioner to do so; and(b) the Commissioner has not determined the application.
An action or proceeding, civil or criminal, does not lie against –acting as such, for anything done or omitted to be done in good faith.(a) [Section 221 Amended by No. 9 of 2015, s. 27, Applied:12 Aug 2015] a member of the Commission; or(b) the Commissioner; or(c) an authorized officer –
222. Recovery of fees by civil process
A fee payable under this Act is a debt due to the Crown and is recoverable accordingly.
[Section 222A Inserted by No. 9 of 2002, s. 25, Applied:15 Sep 2003](1) A person who grows grapes or produces wine must provide statistical information to the Minister responsible for the administration of the Dairy Industry Act 1994 when, and in the manner, required by that Minister.Penalty: Fine not exceeding 15 penalty units.(2) A person, in providing any information, must not –(a) make a statement knowing it to be false or misleading; or(b) omit any matter knowing that without that matter the information is misleading.Penalty: Fine not exceeding 15 penalty units.
222B. Requirement to provide wholesale and producer information
[Section 222B Inserted by No. 51 of 2015, s. 104, Applied:01 Sep 2016](1) In this section –wholesale liquor supply information, in relation to a wholesale liquor transaction, means the following information:(a) the volume of the liquor supplied in the transaction;(b) the value, in dollars, of the liquor supplied in the transaction;(c) the type of the liquor supplied in the transaction;(d) any prescribed additional information;wholesale liquor transaction means a transaction of a type prescribed for the purposes of this definition.(2) The Minister may, by notice in writing, require a licensee who has conducted a wholesale liquor transaction, to provide wholesale liquor supply information to the Minister.(3) The licensee required to provide wholesale liquor supply information under subsection (2) must provide the required information to the Minister within the period and in the manner specified in the notice.Penalty: Fine not exceeding 15 penalty units.(4) The licensee, in providing any wholesale liquor supply information, must not –(a) make a statement knowing it to be false or misleading; or(b) omit any matter knowing that without that matter the information is misleading.Penalty: Fine not exceeding 15 penalty units.
[Section 223 Repealed by No. 40 of 2003, s. 23, Applied:15 Sep 2003] [Section 223 Inserted by No. 7 of 2008, s. 44, Applied:02 May 2008](1) A police officer may issue and serve an adult with an infringement notice if the police officer considers that the adult has committed a prescribed offence.(2) An infringement notice is –(a) to be in accordance with section 14 of the Monetary Penalties Enforcement Act 2005 ; and(b) not to relate to more than 3 prescribed offences.(3) For the purposes of section 14(a)(ii) of the Monetary Penalties Enforcement Act 2005 , the prescribed penalty for a prescribed offence is not to exceed –whichever is lower.(a) the penalty specified in this Act for that offence; or(b) 25 penalty units –(4) [Section 223 Subsection (4) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] Any payments in respect of an infringement notice are payable into the Public Account.(5) In this section –[Section 223 Subsection (5) amended by No. 51 of 2015, s. 105, Applied:01 Sep 2016] adult means a natural person who has attained the age of 18 years.[Section 223 Subsection (5) amended by No. 51 of 2015, s. 105, Applied:01 Sep 2016]
PART 6 - Miscellaneous
The transitional provisions set out in Schedule 1 have effect.
224A. Further transitional provisions
[Section 224A Inserted by No. 24 of 2004, s. 25, Applied:01 Jan 2005](1) In this section –accommodation licence means a licence issued under the Act before the commencement of the Liquor and Accommodation Amendment Act 2004 that authorized the provision of overnight lodging facilities for tourists or travellers for a consideration.(2) An accommodation licence, whether or not the licence has been combined under section 220 with another licence, or a permit or approval, ceases to have effect on the commencement of the Liquor and Accommodation Amendment Act 2004 .(3) Nothing in subsection (2) affects the validity of a licence, permit or approval that has been combined with an accommodation licence.(4) In any Act or other document, a reference to the Liquor and Accommodation Act 1990 is taken to be a reference to the Liquor Licensing Act 1990 , where appropriate.(5) In any Act or other document, a reference to a provision of the Liquor and Accommodation Act 1990 is taken to be a reference to that provision in the Liquor Licensing Act 1990 , where appropriate.
225. Consequential repeals, &c., and amendments
(1) The Acts specified in Part 1 of Schedule 2 are repealed.(2) The subsidiary legislation specified in Part 2 of Schedule 2 is rescinded.(3) See Schedule 3.
[Section 227 Repealed by No. 7 of 2008, s. 45, Applied:02 May 2008] . . . . . . . .(1) The Governor may make regulations for the purpose of this Act.(2) Regulations made under this Act may –(a) prescribe the fees payable in respect of matters under this Act for which no fee is prescribed by the Act; and(b) [Section 226 Subsection (2) amended by No. 9 of 2015, s. 28, Applied:12 Aug 2015] prescribe the fees, allowances and sums by way of reimbursement of expenses that are payable to a person who attends a hearing of the Commission pursuant to a notice served in accordance with section 213 (5) ; and(ba) [Section 226 Subsection (2) amended by No. 9 of 2002, s. 28, Applied:15 Sep 2003] prescribe matters in relation to the granting of liquor licences and liquor permits; and(bb) [Section 226 Subsection (2) amended by No. 51 of 2015, s. 106, Applied:01 Sep 2016] prescribe requirements in relation to the sale or service of liquor by persons who are under the age of 18 years; and(bc) [Section 226 Subsection (2) amended by No. 51 of 2015, s. 106, Applied:01 Sep 2016] prescribe matters in relation to the serving or giving of barring orders; and(bd) [Section 226 Subsection (2) amended by No. 51 of 2015, s. 106, Applied:01 Sep 2016] prescribe requirements in relation to documents which provide evidence of age; and(be) [Section 226 Subsection (2) amended by No. 51 of 2015, s. 106, Applied:01 Sep 2016] prescribe record keeping requirements; and(bf) [Section 226 Subsection (2) amended by No. 51 of 2015, s. 106, Applied:01 Sep 2016] provide for the use and disclosure of wholesale liquor supply information, including limitations on such use and disclosure; and(bg) [Section 226 Subsection (2) amended by No. 51 of 2015, s. 106, Applied:01 Sep 2016] be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations; and(bh) [Section 226 Subsection (2) amended by No. 51 of 2015, s. 106, Applied:01 Sep 2016] prescribe exemptions from complying with any of the regulations on the terms and conditions (if any) prescribed; and(c) [Section 226 Subsection (2) amended by No. 9 of 2015, s. 28, Applied:12 Aug 2015] authorize any matter or thing to be determined, applied or regulated by the Commissioner or the Commission; and(d) provide for the imposition of a penalty, not exceeding 10 penalty units, for a contravention of a regulation.(3) Regulations made under this Act may contain provisions of a savings or transitional nature consequent on the enactment of this Act.(4) A provision referred to in subsection (3) may, if the regulations so provide, take effect from the date of assent of this Act or a later date.
SCHEDULE 1 - Savings and Transitional Provisions[Schedule 1 Substituted by No. 9 of 2015, s. 29, Applied:12 Aug 2015]
1. InterpretationIn this Schedule –amending Act means the Liquor Licensing Amendment (Liquor and Gaming Administrative Restructuring) Act 2015 ;Board means the Board within the meaning of the former Act;commencement day means the day on which the amending Act commences;former Act means this Act as in force immediately before the commencement day.
2. Abolition of Board(1) The Board is abolished on the commencement day.(2) The appointment of each member of the Board is revoked.(3) A member of the Board is not entitled to receive any benefit in respect of the revocation of his or her appointment as such a member.
3. General liquor exemptionsA general liquor exemption, granted by the Board under the former Act, that is in force immediately before the commencement day, is taken, on and after that day, to be a general liquor exemption granted by the Commissioner under this Act.
4. Liquor restriction ordersA liquor restriction order, made by the Board under the former Act, that is in force immediately before the commencement day, is taken, on and after that day, to be a liquor restriction order made by the Commissioner under this Act.
5. Pending applications for liquor licence(1) An application for a liquor licence under section 23 of the former Act that has not been determined before the commencement day is taken to have been made under this Act and is to be dealt with by the Commissioner in accordance with this Act.(2) If, before the commencement day, an application for a liquor licence has been referred to the Board for a hearing under section 24(2) of the former Act and that hearing has, immediately before the commencement day, commenced but has not been completed, that hearing is to be terminated and the application is to be dealt with by the Commissioner in accordance with this Act.
6. Certain hearings of the BoardIf, before the commencement day, an application for a hearing has been made under section 39 (5) or 42 (1) of the former Act and that hearing has, immediately before the commencement day, commenced but has not been concluded, the hearing is to be discontinued and the matter is to be dealt with by the Commissioner in accordance with this Act.
7. Appeals against decisions of the Commissioner to BoardIf an appeal has been made to the Board under section 211 of the former Act before the commencement day and that appeal has not been determined by the Board before that day, the appeal is to be dealt with by the Commission in accordance with Division 2 of Part 5 of this Act as if that appeal had been lodged with the Commission.
8. Supreme Court hearingsIf, before the commencement day, the Board has stated a case for the opinion of the Supreme Court under section 215 and the Supreme Court has not, before that day, determined the case, the Supreme Court is to, on or after the commencement day –(a) hear and determine the question of law before it as if the case stated by the Board were a case stated by the Commission; and(b) remit its decision to the Commission.
9. Continuation of proceedingsAny legal or other proceedings that might, before the commencement day, have been continued or instituted by or against the Board may, on and after that day, be continued or instituted by or against the Commission.
SCHEDULE 2 - Legislation Repealed or Rescinded
PART 1 - Acts Repealed
Licensing Act 1976 | Licensing (Temporary Control) Act 1989 |
PART 2 - Subsidiary Legislation Recinded
Licensing (Qualifications of Licensees) Determination 1957 (Statutory Rules 1957, No. 107) | Licensing (Minimum Standards) Determination 1957 (Statutory Rules 1957, No. 108) | Licensing (Minimum Standards) Amendment Determination 1958 (Statutory Rules 1958, No. 65) | Licensing (Minimum Standards) Amendment Determination 1968 (Statutory Rules 1968, No. 8) | Licensing (Minimum Standards) Amendment Determination 1972 (Statutory Rules 1972, No. 123) | Licensing (Minimum Standards) Amendment Determination 1973 (Statutory Rules 1973, No. 171) | Licensing (Minimum Standards for Restaurants) Determination 1968 (Statutory Rules 1968, No. 7) | Licensing (Minimum Standards for Restaurants) Amendment Determination 1972 (Statutory Rules 1972, No. 122) | Licensing (Qualifications of Restaurant Licensees) Determination 1968 (Statutory Rules 1968, No. 9) | Licensing (General) Regulations 1977 (Statutory Rules 1977, No. 197) | Licensing (General) Amendment Regulations 1978 (Statutory Rules 1978, No. 308) | Licensing (General) Amendment Regulations 1979 (Statutory Rules 1979, No. 213) | Licensing (General) Amendment Regulations 1984 (Statutory Rules 1984, No. 74) | Licensing (General) Amendment Regulations (No. 2) 1984 (Statutory Rules 1984, No. 76) | Licensing (General) Amendment Regulations 1987 (Statutory Rules 1987, No. 122) | Licensing (Permits) Regulations 1977 (Statutory Rules 1977, No. 199) | Licensing (Permits) Amendment Regulations 1983 (Statutory Rules 1983, No. 82) | Licensing (Permits) Amendment Regulations (No. 2) 1983 (Statutory Rules 1983, No. 195) | Licensing (Permits) Amendment Regulations 1984 (Statutory Rules 1984, No. 72) | Licensing (Permits) Amendment Regulations (No. 2) 1984 (Statutory Rules 1984, No. 75) | Licensing (Permits) Amendment Regulations 1990 (Statutory Rules 1990, No. 25) | Licensing (Permits) Amendment Regulations (No. 2) 1990 (Statutory Rules 1990, No. 55) | Licensing (Fees) Regulations 1977 (Statutory Rules 1977, No. 198) | Licensing (Fees) Amendment Regulations 1979 (Statutory Rules 1979, No. 18) | Licensing (Fees) Amendment Regulations 1984 (Statutory Rules 1984, No. 73) | Licensing (Fees) Amendment Regulations (No. 2) 1984 (Statutory Rules 1984, No. 131) | Licensing (Fees) Amendment Regulations (No. 3) 1984 (Statutory Rules 1984, No. 187) | Licensing (Fees) Amendment Regulations 1985 (Statutory Rules 1985, No. 148) | Licensing (Fees) Amendment Regulations (No. 2) 1985 (Statutory Rules 1985, No. 270) | Licensing (Club Licence) Standard Conditions 1982 (Statutory Rules 1982, No. 88) | Licensing (Club Licence) Amendment Standard Conditions 1983 (Statutory Rules 1983, No. 76) | Licensing (On Licence) Standard Conditions 1982 (Statutory Rules 1982, No. 89) | Licensing (Off Licence) Standards Conditions 1982 (Statutory Rules 1982, No. 90) | Licensing (General Licenses) (Taverns) Standard Conditions 1982 (Statutory Rules 1982, No. 91) | Licensing (General Licences) (Hotels) Standard Conditions 1982 (Statutory Rules 1982, No. 92) | Licensing (General Licences) (Tourist Hotels) Standard Conditions 1982 (Statutory Rules 1982, No. 93) | Licensing (General Licences) (International Hotels) Standard Conditions 1982 (Statutory Rules 1982, No. 94) | Licensing (Special Wine Producer's Licence) Standard Conditions 1985 (Statutory Rules 1985, No. 271) | Licensing (Tasmanian Wine Appellation) Regulations 1990 (Statutory Rules 1990, No. 116) | Tourism Regulations 1977 (Statutory Rules 1977, No. 120) | Tourism (Guest Houses) Determination 1978 (Statutory Rules 1978, No. 244) | Tourism (Holiday Flats) Determination 1978 (Statutory Rules 1978, No. 245) | Tourism (Holiday Cabins) Determination 1978 (Statutory Rules 1978, No. 246) | Tourism (Caravan Parks) Determination 1978 (Statutory Rules 1978, No. 247) | Tourism (Camping Grounds) Determination 1978 (Statutory Rules 1978, No. 248) | Tourism (Hire Caravans) Determination 1978 (Statutory Rules 1978, No. 249) | Tourism (Motels) Determination 1978 (Statutory Rules 1978, No. 266) |
SCHEDULE 3 - Consequential Amendments[Schedule 3 Amended by No. 46 of 1991, s. 5 and Sched. 1 ]The amendments effected by this Schedule have been incorporated into the authorised version of the following Acts:
(a) Coroners Act 1957 ;(b) Fire Service Act 1979 ;(c) Hydro-Electric Commission Act 1944 ;(d) Local Government Act 1967 ;(e) Police Offences Act 1935 ;(f) Shop Trading Hours Act 1984 ;(g) Tourism Act 1977 .