Queensland: Liquor Act 1992 (Qld)

Liquor Act 1992 An Act to regulate the sale and supply of liquor and the provision of adult entertainment Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Liquor Act 1992. 2 Commencement This Act commences on a day to be fixed by proclamation. 2A Act binds the Crown This Act binds the Crown. 3 Main purposes of Act The main purposes of this Act are— (a) to regulate the liquor industry, and areas in the vicinity of licensed premises, in a way compatible with— (i) minimising harm, and the potential for harm, from alcohol abuse and misuse and associated violence; and Examples of harm— • adverse effects on a person's health • personal injury • property damage (ii) minimising adverse effects on the health or safety of members of the public; and (iii) minimising adverse effects on the amenity of the community; and (b) to facilitate and regulate the optimum development of the tourist, liquor and hospitality industries of the State having regard to the welfare, needs and interests of the community and the economic implications of change; and (c) to provide for the jurisdiction of the tribunal to hear and decide reviews of certain decisions under this Act; and (d) to provide for a flexible, practical system for regulation of the liquor industry of the State with minimal formality, technicality or intervention consistent with the proper and efficient administration of this Act; and (e) to regulate the sale and supply of liquor in particular areas to minimise harm caused by alcohol abuse and misuse and associated violence; and (f) to regulate the provision of adult entertainment; and (g) to provide revenue for the State to enable the attainment of this Act's main purposes and for other purposes of government. 3A Principle underlying this Act for facilitating and regulating the liquor industry (1) The underlying principle of this Act in relation to the sale and supply of liquor is— (a) a person may obtain a licence to sell or supply liquor as part of conducting a business on premises; and (b) liquor may only be sold or supplied on the licensed premises as part of the person conducting a business, on the licensed premises, that is the principal activity under the licence. (2) This Act states the principal activity of a business that may be conducted under each type of licence. (3) This Act must be administered in accordance with the underlying principle of this Act. (4) This section applies subject to the main purpose of this Act mentioned in section 3(a). 3B Declaration for Commonwealth Act A licence is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth). Division 2 Interpretation 4 Definitions In this Act— abatement notice means a notice made under section 187. accepted representations— (a) for part 5C—see section 142ZC(2); or (b) for part 5D, division 5—see section 142ZT(2). accounting records includes— (a) books of account; and (b) such working papers and other documents as are necessary to explain the methods and calculations by which an account is made up. adult entertainment has the meaning given by section 103N(2). adult entertainment permit means a permit granted under this Act authorising a person to provide adult entertainment. amenity, of a community or locality, means— (a) the atmosphere, ambience, character and pleasantness of the community or locality; and (b) the health and safety of persons who live in, work in or visit the community or locality and the comfort or enjoyment they derive from the community or locality. Anzac Day event, for an RSL or Services Club, means an event or occasion organised by the club to commemorate Anzac Day. approval means— (a) for parts 5A and 5B—an approval under part 5A as a trainer for the licensee's course; or (b) for an approved manager—an approval to be an approved manager under part 5C; or (c) for a controller—an approval under part 5D for the holder of the approval to work as a controller. approved area has the meaning given by section 103P(1). approved arrangement means a lease, sublease, franchise agreement or management agreement entered into by the holder of a commercial special facility licence if the commissioner has approved the lease or sublease or the entering into of the agreement for the purposes of section 153(3). approved evaluator, for part 6AA, see section 173EE. approved extended trading hours, for licensed premises, means the trading hours mentioned in an extended trading hours approval for the premises that is endorsed, under section 85(1), on the licence. approved form means a form approved by the commissioner under section 234A. approved ID scanner, for part 6AA, see section 173EE. approved ID scanning system, for part 6AA, see section 173EE. approved operator, for part 6AA, see section 173EE. approved risk-assessed management plan, for premises, means a risk-assessed management plan or revised risk-assessed management plan approved under section 51 for the premises, and includes the plan as changed under section 52 or 52A. approved training course means a course, prescribed under a regulation, about the responsible service of liquor. artisan distillery means premises— (a) at which spirits are produced under— (i) a producer/wholesaler licence or an artisan producer licence (spirits); or (ii) an equivalent licence issued under the law of another State; and (b) at which no more than 450,000 litres of spirits are produced in any financial year. artisan producer licence (beer) see section 75B(2). artisan producer licence (spirits) see section 75B(3). artisan spirits means— (a) spirits produced in an artisan distillery; or (b) liqueur produced using spirits produced in an artisan distillery. associate has the meaning given by section 4C. banning order, for regulated premises, for part 6AA, see section 173EE. bar licence means a commercial other licence for conducting a business with the principal activity mentioned in section 70. boat means a boat, ship or other vessel of any size or kind, and includes a hovercraft. car park means an area with a surface designed or adapted for the parking of vehicles, whether or not the area is being used for that purpose. car park approval see section 142ZZE(2). change day— (a) for part 12, division 7, subdivision 1—see section 276; and (b) for part 12, division 7, subdivision 2—see section 282. club means an association of persons who meet periodically— (a) with an interest in promoting some object; or (b) for social purposes. code means the adult entertainment code made and approved under section 103N. column 1 licence, for part 12, division 8, see section 288. column 1 permit, for part 12, division 8, see section 288. column 2 licence, for part 12, division 8, see section 288. column 2 permit, for part 12, division 8, see section 288. commercial complex means a place where a group of retail or commercial premises are located in close proximity to each other, including, for example, a shopping complex. commercial sexual service— (a) has the meaning given by the Criminal Code, section 1; but (b) does not include a sexual act mentioned in the definition mentioned in paragraph (a) if— (i) the act comprises adult entertainment provided under an entertainment permit by an adult who is not a person with an impairment of the mind under the Criminal Code, section 1; and (ii) the act is authorised under the permit. commissioner means the Commissioner for Liquor and Gaming under the Gaming Machine Act 1991. community area means a community area under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984. community justice group means a community justice group established under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, part 4. community police officer means a person who is— (a) appointed as a community police officer under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 for a community area; and (b) authorised under that Act to exercise the powers of an investigator under part 7 of this Act for the administration and enforcement of a prescribed provision and sections 168B, 169 and 171 in the area. compliance order means an order made under section 46. controller means a person who supervises the provision of adult entertainment. control order see the Penalties and Sentences Act 1992, section 161N. corporatised corporation means a corporate entity under the Local Government Act 2009. council means— (a) an indigenous local government under the Local Government Act 2009; or (c) the Council of the Shire of Aurukun; or (d) the Council of the Shire of Mornington. craft beer means beer produced in a craft brewery. craft brewery means premises— (a) at which beer is produced under— (i) a producer/wholesaler licence or an artisan producer licence (beer); or (ii) an equivalent licence issued under the law of another State; and (b) at which no more than 5 million litres of beer are produced in any financial year. criminal intelligence see the Criminal Code, section 86(3). crowd controller, for part 5, division 6, see section 142AD. current licensee's course certificate means a licensee's course certificate that is in force. current training course certificate means a training course certificate that is in force. defence member means any of the following persons in possession of a current service identity card— (a) a member of the Permanent Naval Forces, the Australian Regular Army, the Regular Army Supplement or the Permanent Air Force; (b) a member of the Emergency Forces or the Reserve Forces who is rendering continuous full-time service. designated public place, for part 6A, division 3, see section 173K. detached bottle shop means premises approved by the commissioner as mentioned in section 60(1)(d), even if the premises are subsequently relocated under section 154A or transferred under section 154B. development approval means— (a) a development approval under the Planning Act; or (b) a PDA development approval under the Economic Development Act 2012. digital authority see the Transport Planning and Coordination Act 1994, section 29AC. digital device see the Transport Planning and Coordination Act 1994, section 29AB. digital evidence of age see the Transport Planning and Coordination Act 1994, section 29AD. digital evidence of identity see the Transport Planning and Coordination Act 1994, section 29AE. disciplinary action, relating to a licence, means— (a) cancelling the licence; or (b) suspending the licence— (i) for a stated period; or (ii) until further ordered by the commissioner up to a maximum period of 1 year; or (c) closing the licensed premises, or part of the licensed premises, for a stated period; or (d) varying the licence by— (i) stating in the licence a condition to which it is to be subject; or (ii) otherwise limiting the authority conferred by the licence; or (da) cancelling an extended trading hours approval endorsed on the licence; or (e) reducing the times at which the licensee may conduct business under authority of the licence; or (f) disqualifying the licensee from holding a licence or permit— (i) for a stated period; or (ii) until further ordered by the commissioner up to a maximum period of 5 years; or (g) requiring the licensee to pay to the department an amount of not more than $10,000; or Note— The department may require the licensee to pay the department an amount of not more than $10,000 for each ground for which disciplinary action is taken—see part 5, division 3, subdivision 3 (Disciplinary action relating to licences). (h) requiring the licensee to undertake the licensee's course within a stated period; or (i) reprimanding the licensee. disqualified person means a person disqualified under section 228A from holding a licence or permit. division 5 notice, for part 5D, division 5, see section 142ZT(1). document, for part 7, see section 173R. executive officer, of a corporation or unincorporated association, means a person who is concerned with, or takes part in, the corporation's or association's management, or who is in a position of authority or influence in relation to the corporation or association, whether or not the person is a director or committee member or the person's position is given the name of executive officer or committee member. exempt class, for part 6AA, see section 173EE. exemption notice see section 155AL. exempt licensee, for a safe night precinct, see section 173NB(2). exempt minor see section 155. exit, of premises, for part 5, division 6, see section 142AD. extended trading hours approval see section 84. family, of an individual, means all of the following— (a) the individual's spouse; (b) each of the individual's children who is 18 years or more, including a stepchild, an adopted child and a person for whom the individual was foster-parent or guardian when the person was a child; (c) each of the individual's parents, including a step-parent, and a person who was a foster-parent or guardian for the individual when the individual was a child; (d) each of the individual's siblings who is 18 years or more, including a step-sibling and a person who was a foster-sibling when the individual was a child. fee includes a tax. function see section 4A. fundraising event means an event or occasion that— (a) is held primarily for the purpose of raising funds for the benefit of the community; and (b) is either of the following— (i) a one-off small regional show; (ii) another one-off event or occasion starting and ending on the same day. further action, for part 5D, division 5, see section 142ZR(3)(c). have in possession includes have under control in any place, whether for the use or benefit of the person in relation to whom the term is used or another person, even though another person has the actual possession or custody. identified organisation, for part 6, division 5, see section 173EA. ID scanner, for part 6AA, see section 173EE. ID scanning system, for part 6AA, see section 173EE. immediate suspension notice, for part 5D, division 5, see section 142ZR(2). incident register, for part 5, division 6, see section 142AD. incorporated association see the Associations Incorporation Act 1981, schedule 2. indigenous regional council means an indigenous regional council under the Local Government Act 2009. industrial canteen licence means a commercial other licence for conducting a business with the principal activity mentioned in section 71A. information notice, for a decision of the commissioner, means a written notice stating the following— (a) the decision and the reasons for it; (b) that the person to whom the notice is given may apply to the commissioner for a review of the decision; (c) how the person may apply for a review. interested person, in section 43 and part 5, division 3, subdivision 3, means a person who— (a) is an owner, lessee or mortgagee of licensed premises or a secured creditor of a licensee whose interest is likely to be affected by cancellation of the licence for the premises; and (b) has, under section 44A(2), given the commissioner particulars of the person's interest in the licence. interest in a sex work business— 1 A person has an interest in a sex work business if the person— (a) operates, manages or supervises the business; or (b) owns, either alone or jointly, premises used for carrying on the business; or (c) is the lessor of premises used for carrying on the business; or (d) has entered into a business arrangement or relationship with another person for carrying on the business; or (e) directly receives income from the provision of commercial sexual services provided by the business; or (f) is able to exercise a significant influence over the carrying on of the business; or (g) is a member of the family of a person mentioned in paragraph (a), (b), (c), (d), (e) or (f); or (h) is an executive officer of a corporation that is a person mentioned in paragraph (a), (b), (c), (d), (e) or (f). 3 However, a financial institution that is a mortgagee of premises used for carrying on a sex work business does not have an interest in a sex work business only because the institution is a mortgagee of the premises. 4 Also, for paragraph 1(d), (e) and (f), a sex worker who provides commercial sexual services in the carrying on of a sex work business does not have an interest in a sex work business merely because the sex worker is entitled by way of remuneration to a proportion of the payments made for the provision of the services by the sex worker. investigator means— (a) a person authorised under section 174(1); or (b) a police officer; or (c) for the administration and enforcement of sections 168B, 169 and 171—a community police officer. irresponsible, in relation to consumption of liquor, includes rapid or excessive. licence includes a licence granted or provisionally granted, and a staged development approval issued, under this Act. licence period means the period for which a fee is payable in respect of a licence or permit. licensed premises means premises to which a licence relates, and includes premises approved under section 125 for sale of liquor. licensee means the holder of a licence, and includes a person prescribed to be subject to this Act as if the person were a licensee. licensee, for part 6AA, division 4, see section 173EE. licensee ban, for part 6AA, see section 173EE. licensee member, of the local board of a safe night precinct, see section 173NL(2). licensee's course see section 142A(1). licensee's course certificate means a certificate in the approved form— (a) given to a person, for satisfactorily completing the licensee's course, by someone who holds an approval under part 5A as a trainer for the course; and (b) stating the certificate remains in force for 3 years after it is given to the person. liquor see section 4B. local board, for a safe night precinct, see section 173NC(2). main premises, for part 4A, division 2, see section 101. management committee, for a local board, means the board's management committee formed under the Associations Incorporation Act 1981. meal means food that— (a) is eaten by a person sitting 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. MEDQ means MEDQ under the Economic Development Act 2012. mortgagee includes a lienee. non-profit entity see section 11A. non-proprietary club means an association of persons under whose constitution— (a) the income, profits and assets of the association are to be applied only in promotion of its objects; and (b) the payment of dividends to, or the distribution of income, profits or assets of the association among, its members is prohibited. ordinarily set aside for dining, for a part of licensed premises, means the part of the licensed premises that is set aside as the regular or usual place for dining on the licensed premises, but does not include a part of the licensed premises set aside merely for a particular day. original decision, for a review under part 5B, see section 142N(1). patron, in relation to licensed premises or premises to which a permit relates, includes a person entering or seeking to enter the premises to use the areas, facilities or services on offer at the premises. PDA-associated land, for a priority development area, see the Economic Development Act 2012, schedule 1. permit means a permit granted under this Act. permittee means the holder of a permit, and includes a person prescribed to be subject to this Act as if the person were a permittee. photo ID, for a person, for part 6AA, see section 173EE. place includes vacant land or premises. Planning Act means the Planning Act 2016. police district officer, for a locality, means a police officer who is the local police representative responsible for giving and receiving advice about liquor licensing issues under this Act for the locality. police information report, for part 5D, see section 142ZO(4). police service means the Queensland Police Service. post-amended Act means— (a) for part 12, division 6, see section 268; or (b) for part 12, division 8, see section 288. pre-amended Act means— (a) for part 12, division 6, see section 268; or (b) for part 12, division 8, see section 288. premises includes— (a) land; and (b) a building or structure on or in land; and (c) a vehicle, boat, aircraft, train or other means of transport. prescribed offence means— (a) an offence against the Criminal Code, section 76; or (b) an offence mentioned in the Criminal Code, part 2, chapter 9A; or (c) an offence against the Peace and Good Behaviour Act 1982, section 32, 54 or 75; or (d) an offence that is— (i) a prescribed offence within the meaning of the Penalties and Sentences Act 1992, section 161N; and (ii) committed with a serious organised crime circumstance of aggravation within the meaning of the Penalties and Sentences Act 1992, section 161Q; or (e) an offence against the Penalties and Sentences Act 1992, section 161ZI. prescribed provision means the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, section 34. prescribed quantity see section 173H(2). priority development area means a priority development area under the Economic Development Act 2012. private event see section 101. producer/wholesaler licence means a commercial other licence for conducting a business with the principal activity mentioned in section 72. prohibited item, for part 6, division 5, see section 173EA. prohibited person, for part 6, division 5, see section 173EA. promotional event means an event held primarily for the purpose of promoting produce from a particular region or the hospitality industry. Examples of events held primarily for the purpose of promoting produce from a particular region— craft market, farmers market, agricultural show, food and wine event Examples of events held primarily for the purpose of promoting the hospitality industry— trade fair, craft beer festival proposed action— (a) for part 5C—see section 142ZB(2)(a); or (b) for part 5D, division 5—see section 142ZS(3)(a). provisional licence means a licence issued under section 123(2). public event see section 101AA. racing offence provision means any of the following provisions— (a) the Racing Integrity Act 2016, sections 221 and 223; (b) the Racing Act 2002, section 321 or 323. Editor's note— Sections 321 and 323 of the Racing Act 2002 were omitted by the Racing Integrity Act 2016, section 371. rapid intoxication drink, for part 6, division 1B, see section 155AG. reciprocal club, in relation to a club with a community club licence, community other licence or restricted liquor permit (the relevant club), means another club whose members have privileges at the relevant club because of arrangements between the clubs. register means the register kept under section 43. registered corresponding control order see the Penalties and Sentences Act 1992, section 161N. regulated car park, for licensed premises, means a car park, or part of a car park, that is in or on the licensed premises. regulated hours, for regulated premises, for part 6AA, see section 173EE. regulated premises, for part 6AA, see section 173EE. related body corporate has the same meaning as in the Corporations Act 2001 (Cwlth), section 9. relevant action, relating to an adult entertainment permit, means— (a) cancel the permit; or (b) suspend the permit for a stated period; or (c) impose conditions on, or vary conditions of, the permit. relevant agreement, for part 5, division 3A, see section 139A(b). relevant licence— (a) for part 12, division 7, subdivision 1—see section 276; and (b) for part 12, division 7, subdivision 2—see section 282. relevant licensee, for a safe night precinct, see section 173NB(1). relevant period, for a development approval for the use of land for licensed premises, means the first of the following periods to end— (a) the period at the end of which the approval, or the part of the approval for the use, lapses under the Planning Act or the Economic Development Act 2012; (b) 4 years after the day the approval takes effect. relevant public sector entity means— (a) an entity controlled by 1, or more than 1, local government; or (b) an entity controlled by an entity mentioned in paragraph (a). relevant restricted area means a restricted area to which section 168B applies because of a declaration under section 173H. remote industrial locality, for part 3A, division 4, subdivision 5, see section 71. resident, in relation to licensed premises or premises to which a permit relates, means a resident of the premises. restricted area means an area declared under section 173G(1) to be a restricted area. restricted period, for part 6, division 1B, see section 155AH(1). restriction, on the sale or supply of rapid intoxication drinks for part 6, division 1B, see section 155AI(2). risk-assessed management plan, for premises, means a document containing information about the procedures and practices, relating to the matters prescribed by regulation, for the conduct of business at the premises. RSL honorary member means a person who is— (a) a member of the Returned & Services League of Australia through any branch of that league in Australia; and (b) a member of an RSL or Services Club. rules, of a local board, means the rules of the local board under the Associations Incorporation Act 1981. safe night precinct see section 173NC(1). secretary, of a club, means the principal executive officer of the club, by whatever name called, whether or not the person is a member of the club. sell includes— (a) barter or exchange; and (b) offer, agree or attempt to sell; and (c) expose, send, forward or deliver for sale; and (d) cause or permit to be sold or offered for sale; and (e) supply or offer, agree or attempt to supply— (i) in circumstances in which the supplier derives, or would be likely to derive, a direct or indirect pecuniary benefit; or (ii) gratuitously, but to gain or keep custom or other commercial advantage. sex work business means a business in which commercial sexual services are provided by 2 or more persons. show cause notice— (a) for part 5C—see section 142ZB(1); or (b) for part 5D, division 5—see section 142ZS(2). show cause period— (a) for part 5C—see section 142ZB(2)(e); or (b) for part 5D, division 5—see section 142ZS(3)(e). small regional show means a function that is an agricultural, horticultural, industrial or pastoral show or exhibition, held at a rural place in Queensland, if the show or exhibition meets criteria prescribed under a regulation for this definition relevant to minimising adverse effects on— (a) the health or safety of members of the public; and (b) the amenity of the community. Examples of criteria that may be prescribed under a regulation— • the maximum number of persons expected to attend the show or exhibition having regard to attendance at the show or exhibition in previous years • the maximum period during which liquor is to be sold at the show or exhibition • the maximum duration of the show or exhibition staff member, of regulated premises, for part 6AA, see section 173EE. staged development approval see section 123A(2). standard drink means a drink containing not more than 12.5mL of ethyl alcohol (ethanol). subsidiary off-premises licence means a commercial other licence for conducting a business with the principal activity mentioned in section 68. subsidiary on-premises licence means a commercial other licence for conducting a business with the principal activity mentioned in section 67. subsidiary on-premises licence (meals) means a subsidiary on-premises licence— (a) to which section 67 applies, if the principal activity stated in the licence is the provision of prepared food to be eaten on the licensed premises; or (b) to which section 67A applies. system failure, for regulated premises, for part 6AA, see section 173EE. takeaway liquor means liquor that is sold on licensed premises to be consumed off the licensed premises. takeaway meal means food that— (a) is ordinarily eaten by a person sitting at a table with cutlery provided; and (b) is of sufficient substance as to be ordinarily accepted as a meal; and (c) is sold on licensed premises to be consumed off the licensed premises. trading period, for part 5, division 6, see section 142AD. training course certificate means— (a) a certificate given to a person for satisfactorily completing an approved training course; or (b) a licensee's course certificate. tribunal means QCAT. tribunal Act means the QCAT Act. unlicensed person means a person who is not the holder of— (a) a licence under this Act; or (b) a licence under the Wine Industry Act 1994; or (c) an approval, however described, under a law of the Commonwealth or a State that allows the approval holder to sell liquor. unlicensed premises means premises to which a licence or permit does not relate. unreasonable noise, in relation to licensed premises, means noise that— (a) exceeds the limits (if any) prescribed by regulation; or (b) contravenes a compliance order that applies to the premises; or (c) contravenes a condition that applies to the licence or permit for the premises. wine has the meaning given by the Wine Industry Act 1994. 4AA [Repealed] 4A Meaning of function (1) Function is an event or occasion to which persons are invited by, or for, the organiser of the event or occasion. (2) However, function does not include an event or occasion organised— (a) by the owner or licensee of the licensed premises where the event or occasion is held if the event or occasion is for the owner's or licensee's own benefit; or (b) by someone else if the owner or licensee of the premises where the event or occasion is held is entitled to receive a benefit other than a charge for using the premises and providing catering facilities. 4B Meaning of liquor (1) Liquor is a spirituous or fermented fluid or another substance— (a) in which the level of ethyl alcohol (ethanol) is more than 0.5% by volume at 20ºC; and (b) that is intended for human consumption. Examples of spirituous or fermented fluids— alcoholic cocktails, beers, liqueurs, pre-mixed alcoholic drinks, spirits and wines Examples of other substances— aerosol sprays, ice confections, jellies and powders (2) Liquor also includes any other substance containing ethyl alcohol (ethanol) that is prescribed by regulation as liquor. 4C Meaning of associate (1) For an adult entertainment permit, a person is an associate of an individual if the person— (a) is a member of the individual's family; or (b) has entered into a business arrangement or relationship with the individual for the provision of adult entertainment; or (c) is the owner or lessor, either alone or jointly, of premises used or proposed to be used for the provision of adult entertainment under an adult entertainment permit. (2) A person is an associate of a corporation if the person is an executive officer of the corporation. Division 3 Key concepts 4D [Repealed] 5 Who is a responsible adult for a minor Each of the following persons is a responsible adult for a minor— (a) a parent, step-parent or guardian of the minor; (b) an adult who has parental rights and responsibilities for the minor. 6 Acceptable evidence of age (1) For this Act, acceptable evidence of the age of a person is a document, issued to the person, that— (a) is 1 of the following— (i) a photo identification card; (ii) a recognised proof of age card; (iii) an Australian driver licence; (iv) a foreign driver licence; (v) an Australian or foreign passport; and (b) is current; and (c) bears a photo of the person; and (d) indicates, by reference to the person's date of birth or otherwise, the person has attained a particular age. (1A) Also, for this Act, acceptable evidence of the age of a person is— (a) a digital authority that complies with subsection (1)(c) and (d); or (b) a digital evidence of age; or (c) a digital evidence of identity. (2) In this section— Australian driver licence see the Transport Operations (Road Use Management) Act 1995, schedule 4. authorised entity means— (a) an entity of the Commonwealth or another State performing functions similar to the functions of the chief executive under the Photo Identification Card Act 2008; or (b) an entity— (i) approved by an entity mentioned in paragraph (a) to issue documents used as evidence of the age of persons; and (ii) approved, in writing, by the commissioner. foreign driver licence see the Transport Operations (Road Use Management) Act 1995, schedule 4. photo identification card see the Photo Identification Card Act 2008, section 5. recognised proof of age card means a document issued to a person, by an authorised entity, for the purpose of evidencing the age of the person. 7 Presumed quantity of liquor For the purposes of this Act— (a) 12 containers each containing at least 700mL of liquor, or 24 containers each containing at least 345mL of liquor, are to be taken to contain a total quantity of 9L of liquor; and (b) 6 containers each containing at least 700mL of liquor, or 12 containers each containing at least 345mL of liquor, are to be taken to contain a total quantity of 4.5L of liquor. 8 Venue of sale of liquor For the purposes of this Act, a sale of liquor happens on premises in which is situated the store of liquor from which liquor is appropriated to the contract of sale. 9 Ordinary trading hours (1) The authority conferred by a licence to sell liquor on licensed premises during ordinary trading hours— (a) extends only to selling liquor during hours that are, under this section, the ordinary trading hours of the premises; and (b) if a provision of this section specifies conditions for selling liquor at specified times on specified licensed premises—extends only to selling liquor on the premises, at those times, in accordance with those conditions. (1A) Subject to subsections (2) and (3), on any day other than Good Friday or Christmas Day, the ordinary trading hours of licensed premises are between 10a.m. and 12 midnight, unless the premises are any of the following— (a) premises to which a producer/wholesaler licence relates; (b) premises to which an industrial canteen licence relates; (c) premises to which a commercial special facility licence for an airport or a casino relates; (d) premises to which a commercial hotel licence, community club licence, commercial special facility licence or subsidiary on-premises licence (meals) relates, for the sale of takeaway liquor; (e) premises to which an artisan producer licence relates. (1B) Subject to subsections (2) to (3A), on any day other than Good Friday or Christmas Day, ordinary trading hours of licensed premises to which a commercial special facility licence for an airport or a casino relates are between 5a.m. and 12 midnight. (1C) Subject to subsections (2) to (3A), on any day other than Good Friday or Christmas Day, ordinary trading hours of premises to which a commercial hotel licence, community club licence, commercial special facility licence or subsidiary on-premises licence (meals) relates, for the sale of takeaway liquor, are between 10a.m. and 10p.m. (1D) Subject to subsections (2) and (3), on any day other than Good Friday or Christmas Day, ordinary trading hours of licensed premises to which an artisan producer licence relates are— (a) for the sale of liquor for consumption on the premises—between 10a.m. and 12 midnight; or (b) for the sale of liquor for consumption off the premises, other than the sale of liquor by wholesale—between 10a.m. and 10p.m.; or (c) for the sale of liquor by wholesale—the trading hours of the premises under the Trading (Allowable Hours) Act 1990. (2) If an order of the commissioner that is directed to reducing the trading hours of specified licensed premises specifies days on which, or times at which, liquor may be sold on the premises, the ordinary trading hours of those licensed premises are the trading hours specified in the order. (3) On Anzac Day, ordinary trading hours— (a) of all licensed premises—do not include any period before 1p.m. on Anzac Day except— (i) for sale of liquor to a person to consume on the premises in association with the consumer eating a meal in a part of the premises ordinarily set aside for dining if the meal is prepared, served and intended to be eaten on the premises between 10a.m. and 1p.m., or the period between 6a.m. and 1p.m. that the commissioner approves in a particular case; or (ii) as specified in paragraph (b) and subsection (3A); (b) of licensed premises on the premises of an RSL or Services Club—subject to subsection (2), include the period from 5a.m. until 1p.m. on Anzac Day. (3A) Subject to subsection (2), if a licence condition of a commercial special facility licence relating to an airport or casino specifies the trading hours for the licensed premises on Anzac Day, the ordinary trading hours on Anzac Day are the hours specified in the condition. (4) Subject to subsections (2), (3) and (7), the ordinary trading hours of licensed premises to which a producer/wholesaler licence relates are the trading hours of the premises under the Trading (Allowable Hours) Act 1990. (5) Subject to subsections (2) and (6), on Good Friday and Christmas Day ordinary trading hours of all licensed premises, other than premises to which a producer/wholesaler licence relates or premises to which subsection (5A) applies, are— (a) for sale of liquor to a person to consume on the premises in association with the consumer eating a meal in a part of the premises ordinarily set aside for dining if the meal is prepared, served and intended to be eaten on the premises—between 10a.m. and 12 midnight; or (b) for other sale of liquor—nil. (5A) Subject to subsection (2), if a licence condition of a commercial special facility licence relating to an airport or casino specifies the trading hours for the licensed premises on Good Friday or Christmas Day, the ordinary trading hours on that day are the hours specified in the condition. (6) Subject to subsection (2), if a sporting event is held at a major sports facility on Good Friday, the ordinary trading hours of licensed premises at the major sports facility on Good Friday are between 12 noon and 12 midnight. (7) If the licensee of licensed premises to which a producer/wholesaler licence relates is a producer of liquor, then, on any day on which the premises may, under subsection (4), be lawfully open for trading, and subject to subsections (2) and (3), ordinary trading hours of the premises are— (a) for sale of liquor, produced or made on the premises, to a person to consume on the premises in association with the consumer eating a meal in a part of the premises ordinarily set aside for dining if the meal is prepared, served and intended to be eaten on the premises; or (b) for sale of liquor produced or made on the premises to a visitor to the premises as a souvenir of the visit; such period between 10a.m. and 12 midnight as the commissioner approves in a particular case. (12) In respect of licensed premises to which a commercial hotel licence, community club licence or commercial special facility licence relates, the commissioner may approve, as ordinary trading hours, different hours for different parts of the licensed premises. (13) The ordinary trading hours of licensed premises for New Year's Eve day are the ordinary trading hours for the premises for the day and, if the ordinary trading hours would end before 2a.m. on New Year's Day, the ordinary trading hours are extended until 2a.m. (14) In this section— major sports facility see the Major Sports Facilities Act 2001, schedule 2. 9A When a person may be taken to be unduly intoxicated For this Act, a person may be taken to be unduly intoxicated if— (a) the person's speech, balance, coordination or behaviour is noticeably affected; and (b) there are reasonable grounds for believing the affected speech, balance, coordination or behaviour is the result of the consumption of liquor, drugs or another intoxicating substance. 10 When supply of liquor is in association with eating a meal For the purpose of this Act, a sale or supply of liquor may be taken as being in association with the consumer eating a meal if the liquor is supplied on premises— (a) to a consumer who has indicated a genuine intention of eating a meal on the premises, within 1 hour before the consumer orders the meal; or (b) after the consumer orders the meal and before he or she finishes eating it; or (c) within 1 hour after the consumer has finished eating the meal; and at no other times. 10A When meal is taken not to have been prepared and served to be eaten on premises (1) For this Act, a meal is taken not to have been prepared and served to be eaten on premises if the preparation does not involve adding value to the food comprising the meal. (2) Without limiting subsection (1), a person does not add value to food comprising a meal by merely heating a product the person purchased. Example for subsection (2)— A person does not add value to food if the person heats a prepackaged pie or other item and serves it. (3) However, the preparation of a meal is taken to involve adding value to the food comprising the meal if the meal forms part of a menu and the majority of menu items offered and available are meals the preparation of which otherwise involves adding value to the food comprising the meals. 11 Public place (1) For the purposes of this Act, a public place includes— (a) any premises to which the public has access as of right, or with the express or tacit consent, or permission, of the owner or occupier of the premises at the time material to the application of this Act in respect of the premises; and (b) any doorway, entrance or vestibule that gives access to premises from a public place under paragraph (a). (2) Premises may be a public place under subsection (1) even if, at the material time— (a) access to the premises depends on payment of a price for admittance or fulfilment of some other condition; or (b) no person is on, or seeking access to or from, the premises. Division 4 Exemptions and related matters Subdivision 1 Exemptions 11A Meaning of non-profit entity (1) A non-profit entity is— (a) a non-proprietary club; or (b) another entity approved by the commissioner. (2) The commissioner may approve an entity under subsection (1)(b) in relation to the sale of liquor only if the commissioner is satisfied all the net proceeds from the sale will be used for the benefit of the community. 11B [Repealed] 12 Exemption for taking, removing or carrying liquor in particular circumstances A provision of this Act that prohibits— (a) taking liquor into premises to which a licence or permit relates; or (b) removing liquor from premises to which a licence or permit relates; or (c) carrying liquor for sale; whether absolutely or at a particular time, does not apply to a carrier, delivery person or other person engaged in delivering liquor to, or collecting liquor from, any such premises or carrying liquor in the ordinary course of lawful business. 13 Exemption for the sale of liquor at fundraising event (1) This Act does not apply to a sale of liquor by an eligible entity at a fundraising event if— (a) all the net proceeds from the sale of liquor will be used for the benefit of the community; and (b) the sale of liquor is ancillary to the fundraising event; and (c) the liquor is sold between 7a.m. and midnight; and (d) for a fundraising event other than a small regional show—the liquor is sold during a period not exceeding a total of 8 hours; and (e) the liquor is sold in open containers for consumption at the event; and (f) the liquor is sold by an adult; and (g) the eligible entity ensures the sale of liquor does not create an unsafe environment at the event. Example of when the sale of liquor creates an unsafe environment at the event— the entity allows a person to whom the liquor is sold to remain at the event when the person is clearly unduly intoxicated, behaving in a disorderly way, causing a disturbance to other persons or demonstrating violent behaviour (2) However, this Act does apply to the sale of liquor at a fundraising event if— (a) the liquor is sold at the event in a manner that encourages the irresponsible consumption of liquor; or (b) the liquor is sold at the event to a person who— (i) is a minor; or (ii) is unduly intoxicated or disorderly; or (c) the liquor is sold on Christmas Day or Good Friday or before 1p.m. on Anzac Day; or (d) the event is held— (i) in a relevant restricted area; or (ii) at licensed premises or premises to which a permit relates. (3) For subsection (1), an entity is an eligible entity for the sale of liquor at a fundraising event if— (a) it is a non-profit entity for the event; and (b) neither the entity nor an executive officer of the entity has, within 6 months immediately before the event, been given a non-compliance notice under section 14C(3) stating that the sale of liquor must cease immediately; and (c) neither the entity nor an executive officer of the entity has, within the 5 years immediately before the event, been convicted of an offence under any of the following— (i) section 155A; (ii) section 156; (iii) section 156A; (iv) section 169; and (d) for an entity or an executive officer of the entity that is a licensee or permittee, neither the entity nor the executive officer has, within the 5 years immediately before the event— (i) been given a written notice for an urgent suspension of the entity's or executive officer's licence under section 137C; or (ii) been convicted of an offence under section 142ZZ or 142ZZB; or (iii) breached a condition of a licence or permit relating to minimising alcohol-related disturbances, or public disorder, in a locality. (4) However, an entity is not an eligible entity if, when the fundraising event is held, the entity or an executive officer of the entity is disqualified from holding a licence under part 5, division 3, subdivision 3. (5) In this section— executive officer, of an entity, means— (a) if the entity has a management committee—each member of the committee; or (b) otherwise—each member of the entity who is concerned with, or takes part in, the management of the entity. 14 Exemption for the sale of liquor as part of fundraising raffle This Act does not apply to a sale of liquor forming part of a prize for a raffle if— (a) the raffle is conducted by a non-profit entity; and (b) all the net proceeds of the sale of raffle tickets for the prize will be used only— (i) for a non-proprietary club—to promote the objects of the non-profit entity; or (ii) for another entity—for the benefit of the community; and (c) the total value of the liquor forming part of the prize is not more than $1,000; and (d) raffle tickets for the prize are sold to an adult person, other than a person who is unduly intoxicated; and (e) the liquor forming part of the prize is given to an adult person, other than a person who is unduly intoxicated; and (f) the raffle is conducted in an area other than a relevant restricted area. 14A Exemption for hospitals and nursing homes (1) This Act does not apply to a sale of liquor— (a) in a nursing home, other than a nursing home in a relevant restricted area, to an adult resident of the nursing home, or an adult guest of a resident of the nursing home, if the quantity of liquor sold to the resident or guest is not more than 2 standard drinks in a day; or (b) in a hospital, other than a hospital in a relevant restricted area, to an adult inpatient of the hospital, if the quantity of liquor sold to the inpatient is not more than 2 standard drinks in a day. (2) In this section— hospital means— (a) a hospital operated by the State; or (b) a private hospital under the Private Health Facilities Act 1999. nursing home means a facility in which residential care is provided in relation to an allocated place under the Aged Care Act 1997 (Cwlth). 14AB Exemption for particular liquors (1) This Act does not apply to liquor if it is to be used only as— (a) a preservative or medium in which fruit is offered for sale to the public in sealed containers and with the contents visible; or (b) a food additive or an ingredient for food preparation; or Examples of food additives or ingredient for food preparation— Chinese cooking wine and soy sauce (c) a personal hygiene product that is not swallowed; or Examples of personal hygiene products— perfumes, mouthwashes and topical disinfectants (d) a medicine or for medicinal or chemical purposes. Example of a substance used as a medicine or for medicinal or chemical purposes— cough syrup (2) However, this Act does apply to a substance that is liquor mentioned in subsection (1) if— (a) the substance is being used as a beverage or for manufacturing a beverage; or (b) all of the following apply— (i) a regulation prescribes the substance for this paragraph; (ii) the substance is sold otherwise than by wholesale; (iii) if the regulation prescribes a maximum amount of the substance that may be contained in a container in which the substance is sold—the substance is sold in a container containing more than the amount prescribed. 14B Other exemptions for the sale of liquor (1) This Act does not apply to the following— (a) a sale of liquor to an adult in Parliament House by permission and under control of the Parliament; (b) a sale of liquor in the lawful operation of an Australian Defence Force canteen; (c) a sale to an adult at an auction, other than an auction in a relevant restricted area, conducted by a licensed auctioneer— (i) of liquor for a person who is authorised by this Act to sell the liquor; or (ii) by order of a trustee under the Bankruptcy Act 1966 (Cwlth), of liquor held by the trustee as trustee under that Act; or (iii) by order of the executor, administrator or trustee of the estate of a deceased person, of liquor that is the property of the deceased's estate; or (iv) by order of the public trustee, of liquor that is the property of an estate in the course of administration by the public trustee; (d) a sale, during actual flight of an aircraft, of liquor to an adult passenger on the aircraft made for the aircraft's operator and for consumption during the flight, or carrying or exposing liquor for the sale; (e) a sale of liquor by a provider of bed and breakfast accommodation or host farm accommodation, other than accommodation in a relevant restricted area, to an adult guest of the provider for consumption on the premises at which the accommodation is provided; (f) a sale of liquor to an adult by the proprietor of a duty free shop, other than a duty free shop in a relevant restricted area, described in a warehouse licence under the Customs Act if— (i) the sale takes place at the duty free shop; and (ii) the liquor is goods specified in a permission given to the proprietor under section 96A or 96B of that Act; and (iii) the liquor is to be delivered to the adult under the permission; (g) a sale of liquor forming part of a floral arrangement or gift basket to be delivered as a gift to a person (the relevant person) other than the purchaser of the floral arrangement or gift basket, if— (i) the sale is part of a florist's business or the business of a person selling gift baskets; and (ii) the relevant person is an adult; and (iii) the gift is to be delivered to a place other than the place at which the business mentioned in subparagraph (i) is conducted; and (iv) the gift is to be delivered to a place other than a place within a relevant restricted area; and (v) the quantity of the liquor is not more than 2L and, if the liquor includes spirits, the quantity of spirits is not more than 1L; and (vi) the total value of the liquor and the container in which it is supplied is not more than 75% of the gift's sale price or a lesser amount prescribed under a regulation; and (vii) the liquor had been purchased on a retail basis; (h) a sale of liquor in a retirement village, other than a retirement village in a relevant restricted area, to an adult who is a resident of the retirement village or an adult guest of a resident if the quantity of liquor sold to the person is not more than 2 standard drinks in a day; (i) a sale of liquor by a hairdresser or a barber to an adult client if— (i) the sale takes place at the premises where the hairdresser or barber conducts his or her business as part of the hairdressing or barber services provided to the client; and (ii) the premises are not in a relevant restricted area; and (iii) the liquor is consumed on the premises; and (iv) the quantity of the liquor sold to the client is not more than 2 standard drinks in a day; and (v) the liquor is not sold or consumed on Christmas Day or Good Friday or before 1p.m. on Anzac Day; (j) a sale of liquor by a limousine licensee to an adult passenger of a limousine if— (i) the sale takes place during the journey for which the limousine was hired; and (ii) the liquor is not sold or consumed inside a relevant restricted area; and (iii) the liquor is consumed inside the limousine; and (iv) the quantity of the liquor sold to the passenger is not more than 2 standard drinks in a day; and (v) the liquor is not sold or consumed on Christmas Day or Good Friday, before 1p.m. on Anzac Day, or on any other day between 2a.m. and 10a.m; (k) a sale of liquor by a tour operator to an adult participant of a tour if— (i) the sale happens during a tour booked with the operator; and (ii) the liquor is not sold or consumed inside a relevant restricted area; and (iii) the quantity of the liquor sold by the operator to the participant is not more than 2 standard drinks in a day; and (iv) the liquor is not sold or consumed on Christmas Day or Good Friday, before 1p.m. on Anzac Day, or on another day between 2a.m. and 10a.m. (2) In this section— aircraft means an aircraft that is not licensed premises. bed and breakfast accommodation means accommodation that— (a) includes the provision of accommodation and breakfast for guests; and (b) is conducted on premises (other than a caravan, caretaker's or manager's residence, flat, home unit, hostel, hotel, lodging house, motel or relocatable home) by a person who lives on the premises; and (c) caters for a maximum of 8 adult guests at the same time; and (d) may be provided for a guest for a maximum continuous period of 14 days. Customs Act means the Customs Act 1901 (Cwlth). duty free shop means— (a) an outwards duty free shop under section 96A of the Customs Act; or (b) an inwards duty free shop under section 96B of the Customs Act. host farm accommodation means accommodation that— (a) includes the provision of accommodation and meals, or food for preparing meals, for guests; and (b) is conducted on a farm involved in primary production by a person who manages, and lives on, the farm; and (c) caters for a maximum of 6 guests at the same time; and (d) may be provided for a guest for a maximum continuous period of 30 days. limousine see the Transport Operations (Passenger Transport) Act 1994, schedule 3. limousine licensee means the holder of a limousine licence under the Transport Operations (Passenger Transport) Act 1994. pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession, other than as a student. resident, of a retirement village, see the Retirement Villages Act 1999, section 9. retirement village see the Retirement Villages Act 1999, section 5. Subdivision 2 Notices of non-compliance 14C Notice of non-compliance for fundraising event (1) This section applies in relation to a fundraising event held by an entity purporting to rely on section 13 if, at any time during the event, an investigator or police officer considers the entity does not qualify for the exemption under that section. (2) The investigator or police officer may give a notice (a non-compliance notice) to any of the following— (a) the entity; (b) the person who appears to be in charge of the sale of liquor at the event; (c) a person selling liquor at the event. (3) The notice must state— (a) that the investigator or police officer believes the sale of liquor at the event is not exempt from this Act under section 13; and (b) the reason for the investigator's or police officer's belief; and (c) that a failure to qualify for the exemption under section 13 means the entity may be prosecuted for breaching 1 or more provisions of this Act; and (d) either— (i) the action the investigator or police officer considers must be taken to qualify for the exemption under section 13; or (ii) that the sale of liquor must cease immediately. Part 2 Jurisdiction of tribunal Division 1 Jurisdiction of the tribunal 15 [Repealed] 15A [Repealed] 16 [Repealed] 17 [Repealed] 18 [Repealed] 19 [Repealed] 20 [Repealed] 20A [Repealed] 20B [Repealed] 20C [Repealed] 20D [Repealed] 20E [Repealed] 20F [Repealed] 21 Jurisdiction and powers of tribunal (1) The tribunal may review the decisions of the commissioner in relation to— (a) the grant or refusal of a licence or permit or the renewal of an extended hours permit; or (b) a review decision under section 142P; or (c) the refusal to grant an approval for a controller under section 142ZK; or (d) the specification of conditions in a licence or permit; or (e) an extended trading hours approval including the grant, refusal to grant or cancellation of the approval or any variation of the conditions of the approval; or (f) the giving of a compliance notice under section 142ZZD; or (g) a request under section 142ZZD(8) to amend or revoke a compliance notice; or (h) the extension of a period of time under section 155AD(7)(b); or (i) the payment of a fee by instalments under section 209; or (j) the taking of disciplinary action relating to a licence, the suspension (including urgent suspension) or cancellation of a licence or permit or the imposition or variation of the conditions of a permit; or (k) the surrender of a licence or permit; or (l) the suspension, continued suspension or cancellation of an approval for a controller under section 142ZV; or (m) the grant or refusal of an authorisation under this Act; or (n) an order directed to a licensee or permittee or a person holding an authorisation under this Act; or (o) the refusal to grant an application to change an approved risk-assessed management plan; or (p) a direction to change an approved risk-assessed mana