Western Australia: Liquor Control Act 1988 (WA)

Western Australia Liquor Control Act 1988 Western Australia Liquor Control Act 1988 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 3A. Term used: drunk 1 4. Storing and receiving liquor for licensed premises at other premises; records to be kept 1 5. Objects of Act 1 6. Act not to apply in certain cases 1 Part 2 — The licensing authority Division 1 — The licensing authority 7. Constitution and jurisdiction of licensing authority 1 Division 2 — The Liquor Commission 8. Commission established 1 9. Jurisdiction of Commission 1 9A. Constitution of Commission 1 Division 2A — Members of the Commission 9B. Commission members 1 9C. Tenure of office 1 9D. Deputy chairperson 1 9E. Removal or resignation 1 9F. Leave of absence 1 9G. Member whose term has expired may continue in office 1 9H. Remuneration and conditions of office 1 Division 2B — Other matters 9I. Decisions of Commission to be written etc. 1 9J. Seal of Commission 1 9K. Annual reports by Commission 1 9L. Laying annual report before House of Parliament not sitting 1 9M. Protection and immunity of members, parties etc. 1 Division 3 — The Director of Liquor Licensing 13. Functions of and hearings by Director 1 14. Inspectors etc., appointment of etc. 1 Division 4 — Other staff of the licensing authority 15. Director may delegate etc. 1 Division 5 — Proceedings before the licensing authority 16. Procedure, sittings, use of experts, evidentiary rules etc. 1 17. Representation of parties 1 18. Witnesses and evidence, powers to summon etc. 1 18AA. Notice of decision 1 18A. Enforcing decisions 1 19. Enforcing monetary penalties 1 20. Contempt etc. 1 21. Costs 1 22. Rules of Commission 1 23. Proof of process; protection from personal liability 1 Division 6 — Reference to the Commission, review and appeals 24. Director may refer matters to Commission 1 25. Review of Director's decisions 1 25A. Commission may refer application for review to State Administrative Tribunal 1 26. Some Director's decisions have effect despite application to review 1 27. Question of law, Commission may state to Supreme Court 1 28. Appeals against Commission's decisions 1 29. Licence or permit continues to have effect pending appeal 1 Division 7 — Confidential police information 30. Confidential police information, use and protection of 1 Part 3 — Licences and permits Division 1 — General matters 30A. Licences to sell liquor, grant and nature of 1 30B. Power of attorney does not empower donee to act for licensee under this Act 1 31. Licences, generally 1 32. Duration of licences 1 33. Powers of licensing authority when deciding applications 1 34. Certain applications not to be decided 1 35. Persons who may hold licences 1 35A. Trustees for unincorporated bodies 1 36. Two or more licences for same premises, restrictions on 1 36A. Petrol stations in some areas not to be granted licences 1 36B. Restrictions on grant or removal of certain licences authorising sale of packaged liquor 1 37. Pre-requisites for grants of licences etc.; conditions on licences 1 37A. Conviction of licensee etc., duty to inform Director 1 37B. Fingerprints etc., licensing authority's powers to obtain 1 37C. Register of licensed premises 1 Division 2 — Licences 38. Some applications not to be granted unless in the public interest 1 39. Certificate of local government as to whether premises comply with laws 1 40. Certificate of planning authority as to whether use of premises complies with planning laws 1 41. Hotel licence, kinds, conditions and effect of 1 41A. Effect and conditions of small bar licence 1 41B. Small bar licence may be granted as alternative to tavern restricted licence 1 42. Nightclub licence, effect and conditions of 1 43. Nightclub licence, pre-requisites for grant of 1 44. Casino liquor licence, effect and conditions of 1 45. Casino liquor licence, pre-requisites for grant of 1 46. Special facility licence, pre-requisites for grant of 1 46A. Special facility licence, restrictions on varying 1 46B. Alternatives to granting or varying special facility licences 1 47. Liquor store licence, effect of 1 48. Club licence, kinds, conditions and effect of 1 49. Club licence, pre-requisites for grant of 1 50. Restaurant licence, effect and conditions of 1 50A. Issue of extended trading permit under s. 60(4)(ca) for certain restaurant licences at time of grant 1 51. Unlicensed restaurants, supply of liquor in 1 52. Liquor sold or consumed with meals, effect of extended trading permit which authorises; evidentiary provisions 1 53. Restaurant licence and extended trading permit, effect of may be restricted as to selling liquor with meals 1 55. Producer's licence, effect of 1 56. Production of liquor by person, presumption of 1 57. Producer's licence, pre-requisites for grant of 1 58. Wholesaler's licence, effect and conditions of 1 59. Occasional licence, effect, conditions and pre-requisites for grant of 1 59A. Additional authorisations relating to supply and sale of liquor on licensed premises 1 Division 4 — Permits 60. Extended trading permit, purposes, effect and conditions of 1 61. Extended trading permit for extended area (s. 60(4)(h)), pre‑requisites for grant of 1 61A. Extended trading permit for sale of liquor (s. 60(4)(ia)) 1 Division 5 — Conditional grants or approvals 62. Uncompleted premises, conditional grant or removal in case of 1 62A. Pending certificate (s. 39 or 40) etc., conditional grant in case of 1 62B. Pending approval etc. (s. 77(5)), conditional approval of alteration etc. in case of 1 Division 6 — Conditions, generally 63. Terms fixed and conditions imposed by Act, only some can be varied etc. 1 64. Imposing, varying and cancelling conditions 1 65. Conditions relating to sale and delivery of packaged liquor or liquor for consumption off licensed premises 1 65A. Petrol station not to be established on premises from which packaged liquor is sold 1 65B. Promoting liquor, regulations may prescribe conditions about 1 Division 7 — Applications 66. Plans and specifications of premises, requirements as to 1 67. Advertisement of applications 1 68. Form, manner, notice and public inspection of applications 1 69. Advertising, referring, investigating and intervening in applications 1 70. Club licence applications, intervening in 1 72. Owner etc. of premises, when consent of required; right of owner, lessee etc. to object 1 72A. Submissions generally 1 73. Objecting to applications, general right and rules as to 1 74. Objecting to applications, grounds for etc. 1 75. Occasional licence, applications for 1 76. Extended trading permit, applications for 1 77. No alteration of licensed premises without approval; application for approvals of alterations or redefinition of premises 1 77A. Restrictions on alteration or redefinition of certain packaged liquor premises 1 Division 8 — Removals 78. Casino liquor licence not removable without authority 1 79. Licence relating to transport, when removable 1 80. Temporary removal or redefinition of licence 1 81. Applications for removal of licence 1 Division 9 — Transfers 82. Applications for transfer of licences 1 82A. Transfer of licence between licence holders 1 83. Certain licences not transferable 1 84. Pre-requisites for transfer of licence 1 85. Transferee to succeed to certain of transferor's liabilities and rights 1 Division 10 — Interim authorisations and protection orders 86. Interim authorisations to carry on business under licence 1 87. Protection orders, grant and term of etc. 1 88. Protection order, effect of 1 89. Dispute as to terms of lease, Director's powers in case of 1 Division 11 — Suspensions 91. Suspension of licence or permit in the public interest 1 92. Suspension because business has ceased etc. 1 92A. Cancellation of suspension 1 93. Cancellation of suspended licences 1 Division 12 — Surrenders 94. Surrendering licences 1 Division 13 — Disciplinary matters 95. Disciplinary action against licensees, grounds and procedure for 1 96. Disciplinary action, powers to take 1 Part 4 — The conduct of business Division 1 — Hours of trading 97. Permitted hours generally 1 98. Hotel licence, permitted hours under 1 98AA. Permitted hours under small bar licence 1 98A. Nightclub licence, permitted hours under 1 98B. Casino liquor licence, permitted hours under 1 98C. Special facility licence, permitted hours under 1 98D. Liquor store licence, permitted hours under 1 98E. Club licence and club restricted licence, permitted hours under 1 98F. Restaurant licence, permitted hours under 1 98G. Producer's licence, permitted hours under 1 98H. Wholesaler's licence, permitted hours under 1 Division 2 — Maintenance of the premises 99. Duty to keep premises clean and in good repair; powers to enforce duty and require alterations 1 Division 3 — Supervision and management Subdivision 1 — Licensed premises to be supervised and managed 100. Licensee's duties 1 101. Managers etc., liabilities of 1 Subdivision 2 — Approval of managers 102A. Terms used 1 102B. Applications for and granting approvals 1 102C. Conditions on manager's approval 1 102D. Duration of manager's approval 1 102E. Renewal of manager's approval 1 102F. Disciplinary action against approved managers 1 102G. Approval may be cancelled on request 1 Subdivision 3 — General matters 102. Management and control of incorporated licensees, approvals required 1 103. Owners of licensed premises to notify Director of certain matters 1 Division 3A — Responsible practices in selling, supplying and serving liquor 103AA. Register of responsible practices' training 1 103A. Regulations about training people in responsible practices 1 Division 4 — Profit sharing 104. Profit sharing etc. prohibited without approval 1 Division 5 — Lodgers 105. Persons deemed lodgers of licensed premises in some cases 1 106. Liquor supplied to lodgers etc., conditions applying to 1 107. Loss of lodger's property, licensee's liability for 1 Division 6 — The sale and consumption of liquor, etc. 108. Certain licensees to exhibit charges for meals and liquor 1 109. Sale of liquor, offences as to 1 109A. Offence to carry liquor in excess of prescribed quantity in prescribed area of State 1 110. Licensed premises and sports arenas, offences as to 1 111. Trading outside permitted hours, offences as to 1 112. Exceptions to s. 109, 110 and 111 1 113. Offence under s. 109, 110 or 111, finding as to unlawful dealing in liquor; forfeiture of liquor 1 113A. Websites of some licensees, information to be displayed on 1 114. Closure of licensed premises, police powers as to 1 115. Drunk etc. people, offences as to, refusal of entry to etc. 1 115AA. Commissioner of Police may bar people from licensed premises 1 115AB. Delegation by Commissioner of Police 1 115AC. Publication and disclosure of details of people barred under barring notices 1 115ACA. Barring notice must be registered in banned drinkers register 1 115AD. Review of decision to give barring notice 1 115AE. Permitting entry to premises contrary to barring notice 1 115A. Drinking water to be provided free at certain licensed premises 1 116. Documents to be displayed etc. at premises and produced 1 116A. Register of incidents at licensed premises to be maintained 1 Division 7 — Complaints to Director 117. Noise or behaviour related to licensed premises, complaints about 1 Division 8 — Liquor on unlicensed premises 118. Persons purporting to be licensee 1 119. Unlicensed premises etc., offences as to 1 Division 8A — Conduct of unapproved businesses on or from licensed premises 119A. Non-liquor businesses on licensed premises, conduct of requires approval 1 Division 9 — Juveniles 120. When juveniles permitted on licensed premises 1 121. Licensed premises, offences as to juveniles 1 122A. Supplying juveniles with alcohol on unlicensed premises 1 122. Regulated premises, offences as to juveniles 1 123. Possession etc. of liquor, offences by juveniles 1 124. Sending juveniles to obtain liquor, offence 1 125. Defences to offences under this Division 1 126. Suspected juveniles, authorised persons' powers as to, offences by 1 126A. Entertainment for juveniles on licensed premises, application for approval of 1 126B. Entertainment for juveniles on licensed premises, approval of 1 Division 10 — Miscellaneous 126C. Crowd controllers to be authorised when exercising powers of removal 1 126D. Undesirable liquor products, declaration of and offence as to 1 126E. Special events, operation of Act may be modified for 1 Part 5 — Financial provisions Division 1 — Licence fees 127. Payment of licence fees 1 128. Regulations about licence fees 1 Division 2 — Subsidies 129. Terms used 1 130. Subsidies for wholesalers and producers 1 131. Application for subsidy 1 132. Director to pay subsidies 1 133. Consolidated Account appropriated 1 134. Correcting incorrect subsidy payments 1 135. Failure to correct incorrect subsidy application 1 136. Minister may order subsidies to cease 1 Division 3 — Power of Commission with respect to moneys due 143. Order for payment of money 1 Division 4 — Records and returns 145. Records of liquor transactions to be kept by licensees etc. 1 146. Information to be given to Director in returns 1 Division 5 — Recovery of illegal gains 147. Illegal gains, estimation and recovery of 1 Division 6 — Information 148. Information etc., Director's powers to obtain 1 149. Use of information, Director's powers as to 1 150. Premises and records, Director's right of access to etc. 1 151. Licensing authority may assist other authorities 1 152. Disclosure of information by officials 1 Part 5A — Prohibition orders 152A. Terms used 1 152B. Commissioner of Police may apply for prohibition orders 1 152C. Evidence in support of s. 152B application 1 152D. Notice of s. 152B application etc. to be given to relevant person 1 152E. Director may make prohibition orders 1 152F. Term of prohibition orders 1 152G. Applications to vary or revoke prohibition orders 1 152H. Evidence in support of s. 152G application 1 152I. Notice of s. 152G application etc. to be given to respondent 1 152J. Director may vary or revoke prohibition orders 1 152K. Service, publication and disclosure of prohibition orders 1 152KA. Prohibition order must be registered in banned drinkers register 1 152L. Failing to comply with prohibition orders 1 152M. Permitting entry to premises contrary to prohibition order 1 152NA. Relationship with Criminal Organisations Control Act 2012 1 Part 5AA — Protected entertainment precincts Division 1 — Preliminary 152NB. Object of Part 1 152NC. Terms used 1 Division 2 — Short‑term exclusion orders 152ND. Police officer may make short‑term exclusion order 1 152NE. Provisions in relation to short‑term exclusion orders 1 152NF. Variation or revocation of short‑term exclusion order 1 152NG. Automatic revocation of short‑term exclusion order if extended exclusion order comes into effect 1 152NH. Review of short‑term exclusion order 1 152NI. Commissioner of Police to issue guidelines 1 Division 3 — Extended exclusion orders 152NJ. Commissioner of Police may apply for extended exclusion order 1 152NK. Evidence in support of application for extended exclusion order 1 152NL. Notice of application for extended exclusion order must be served on subject person 1 152NM. Director may make extended exclusion order 1 152NN. Provisions in relation to extended exclusion orders 1 152NO. Application for variation or revocation of extended exclusion order 1 152NP. Evidence in support of application for variation or revocation 1 152NQ. Notice of application for variation or revocation must be given to extended exclusion order respondent 1 152NR. Director may vary or revoke extended exclusion order on application 1 152NS. Director may vary or revoke extended exclusion order on own initiative 1 152NT. Effect of variation or revocation 1 Division 4 — General provisions about exclusion orders 152NU. Effect of changes to protected entertainment precincts on exclusion orders 1 152NV. Exclusion order applies at all times unless varied 1 152NW. Form of exclusion order 1 152NX. Exclusion order must be served and explained 1 152NY. Duration of exclusion order 1 152NZ. Term of extended exclusion order extended by period in custody 1 152NZA. Correcting mistakes in exclusion order 1 152NZB. Reasons for decisions and notice of right of review 1 152NZC. Publication and disclosure of information about exclusion orders 1 152NZD. Offence of further disclosing information about exclusion orders 1 152NZE. Relationship with Criminal Organisations Control Act 2012 1 152NZF. Orders not affected by other orders under Act 1 152NZG. Delegation by Commissioner of Police 1 152NZH. Decisions of Commission on review 1 Division 5 — Offences 152NZI. Offence of failing to comply with exclusion order 1 152NZJ. Excluded offender must not enter or remain in protected entertainment precinct 1 152NZK. Defences for s. 152NZI and 152NZJ 1 152NZL. Permitting person subject to exclusion order or excluded offender to enter premises 1 152NZM. Police officer may require person to give personal details in certain circumstances 1 Division 6 — Miscellaneous Subdivision 1 — Other notices 152NZN. Notice must be given to excluded offender 1 152NZO. Protected entertainment precincts must be advertised and notified 1 Subdivision 2 — Service of documents 152NZP. Terms used 1 152NZQ. Service of exclusion orders and other documents 1 152NZR. Time when document served 1 152NZS. Proof of service of document 1 Subdivision 3 — Other matters 152NZT. Publication and disclosure of information about excluded offenders 1 152NZU. Offence of further disclosing information about excluded offenders 1 152NZV. Monitoring by Parliamentary Commissioner 1 Part 5B — Liquor restricted premises 152N. Terms used 1 152O. Liquor on liquor restricted premises, offences as to 1 152P. Declaration of liquor restricted premises 1 152Q. Liquor restriction declarations, power to make 1 152R. Service etc. of liquor restriction declarations 1 152S. Notice of liquor restriction declaration to be displayed at premises 1 152T. Duration of liquor restriction declarations 1 152U. Varying liquor restriction declarations 1 152V. Revoking liquor restriction declarations 1 152W. Applications generally 1 152X. Decisions under Part 5B not subject to review under s. 25 1 Part 5C — Banned drinkers Division 1 — Preliminary 152Y. Terms used 1 152YA. Who is a banned drinker 1 152YB. What is a banned drinker order 1 152YC. When banned drinker order, or extension or revocation of banned drinker order, takes effect 1 Division 2 — Banned drinker orders made by police officers 152YD. First police BDO, second police BDO and subsequent police BDO 1 152YE. Police officer may make banned drinker order 1 152YF. Police officer may make second police BDO or subsequent police BDO 1 152YG. Period of banned drinker order 1 152YH. Notice and registration of banned drinker order 1 152YI. Police officer may require person to give personal details 1 152YJ. Revocation of banned drinker order 1 152YK. Decision to revoke banned drinker order 1 Division 3 — Banned drinker order made on person's request 152YL. Person may ask for self‑imposed banned drinker order 1 152YM. Director must make self‑imposed banned drinker order 1 152YN. Period of self‑imposed banned drinker order 1 152YO. Notice of decision and registration of self‑imposed banned drinker order 1 152YP. Revocation of self‑imposed banned drinker order 1 Division 4 — Banned drinker order made on application of certain professionals 152YQ. Application for banned drinker order 1 152YR. Director may make banned drinker order 1 152YS. Period of banned drinker order 1 152YT. Notice of decision and registration of banned drinker order 1 152YU. Director may extend banned drinker order 1 152YV. Police officer may extend banned drinker order 1 152YW. Revocation of banned drinker order 1 152YX. Decision to revoke banned drinker order 1 Division 5 — Other provisions about banned drinker orders 152YY. Review of decisions 1 152YZ. Decision of Commission on review 1 Division 6 — Offences 152Z. When packaged liquor is sold, or authorised by licence to be sold, in banned drinker area 1 152ZA. Offence of knowingly selling packaged liquor to banned drinker 1 152ZB. Offence of supplying packaged liquor to banned drinker 1 Division 7 — Disclosure and use of information 152ZC. Disclosure of information about banned drinker order or banned drinker 1 152ZD. Restriction on use or disclosure of information 1 152ZE. Protection for disclosure in good faith 1 Division 8 — Miscellaneous 152ZF. Condition relating to sale of packaged liquor in banned drinker areas 1 152ZG. Banned drinker order or written notice may be given electronically 1 152ZH. Director must keep banned drinkers register 1 152ZI. Director must establish ID system 1 152ZJ. Offence to use or disclose information obtained from banned drinkers register or using ID system 1 152ZK. Delegation by Commissioner of Police 1 Part 6 — Enforcement 153. Authorised officers etc., functions and reports of 1 154. Authorised officers, powers of entry etc., offences as to 1 155. Powers of police to enter premises and seize liquor etc. 1 156. Local governments, functions of 1 157. Evasion of fees due etc., offence 1 158. Failing to comply with licensing authority's requirements etc., offence 1 159. False or misleading statements and records, offence 1 160. Information about offences, power to obtain 1 161. Search warrants, issue and execution of 1 162. Separate offences and continuing offences 1 163. Sale of liquor, presumption of in some cases 1 164. Offences by bodies corporate and partnerships 1 164A. Liability of officers for offence by body corporate 1 165. Licensee liable for act of employee etc. 1 166. General penalty 1 167. Infringement notices 1 168. Prosecutions, institution of 1 169. Prosecutions, hearing of and limitation periods for 1 170. Evidentiary provisions as to proof of certain facts 1 171. Accomplices, who are not, evidence of 1 172. Averments in charges, proof of certain documents and facts 1 172A. Forfeiture of liquor etc. on conviction or payment of modified penalty 1 Part 7 — General 173. Pending review etc. not to affect liability 1 174. Service of documents 1 174A. Criminal and Found Property Disposal Act 2006, application of 1 174B. Liquor accords: authorisation for purposes of Competition and Consumer Act 2010 and Competition Code 1 175. Regulations 1 177. Transitional provisions (Sch. 1) 1 177A. Transitional provisions for Liquor and Gaming Legislation Amendment Act 2006 (Sch. 1A) 1 177B. Transitional provisions for Liquor Control Amendment Act 2010 (Sch. 1B) 1 177C. Transitional provisions for Liquor Control Amendment Act 2018 (Sch. 1C) 1 177D. Transitional provisions for Liquor Control Amendment (Protected Entertainment Precincts) Act 2022 (Sch. 1D) 1 177E. Transitional provisions for Liquor Control Amendment (Banned Drinkers Register) Act 2023 (Sch. 1E) 1 178. Review of Act 1 Schedule 1 — Transitional provisions 1. Terms used 1 2. Continuing effect of convictions, forfeitures etc. 1 3. Proceedings part heard, rules of court, and appointments under repealed Act 1 4. Fees 1 5. Continuing effect of conditions, delineated or designated areas, approvals etc. 1 6. Conversion of licences generally 1 7. Hotel licences 1 8. Limited hotel licences 1 9. Tavern licences 1 10. Obligatory trading hours relating to hotel licences 1 11. Winehouse licences and Australian wine licences 1 12. Casino liquor licences 1 13. Cabaret licences 1 14. Restaurant licences 1 15. Restaurant facilities on premises formerly licensed as a hotel, tavern, limited hotel, or winehouse 1 16. Store licences 1 17. Vigneron's licences and brewer's licences 1 18. Wholesale licences 1 19. Club licences and unlicensed club permits 1 20. Certain licences to become special facility licences 1 21. Caterer's permit 1 22. Exempted producers etc. 1 23. Certain licences may become special facility licences 1 24. References in other written laws 1 Schedule 1A — Transitional provisions relating to the Liquor and Gaming Legislation Amendment Act 2006 1. Terms used 1 2. Liquor Licensing Court 1 3. Liquor Licensing Court judge 1 4. Pending cases stated and appeals to Supreme Court 1 5. Pending applications and matters 1 6. Licences granted and permits issued by Liquor Licensing Court 1 7. Cabaret licences 1 8. Courses of training and assessments 1 9. References to Liquor Licensing Court and Liquor Licensing Court judge 1 10. Transitional regulations 1 Schedule 1B — Transitional provisions relating to the Liquor Control Amendment Act 2010 1. Terms used 1 2. Current managers taken to be licensed 1 3. Duration of transitioned approvals 1 4. Current applications 1 Schedule 1C — Transitional provisions relating to the Liquor Control Amendment Act 2018 1. Application of s. 36B to existing applications for grant or removal of licence 1 2. Small bar licences 1 3. Certain restaurant licences: no fee for application for extended trading permit under section 60(4)(ca) 1 4. Application of s. 77A to existing applications for alteration or redefinition of licensed premises 1 Schedule 1D — Transitional provisions relating to the Liquor Control Amendment (Protected Entertainment Precincts) Act 2022 1. Terms used 1 2. Application of s. 115AC to existing notices 1 3. Application of s. 152K to existing prohibition orders 1 4. Short‑term exclusion orders 1 5. Extended exclusion orders 1 6. Excluded offenders 1 Schedule 1E — Transitional provisions relating to Liquor Control Amendment (Banned Drinkers Register) Act 2023 1. Application of s. 115ACA to existing barring notices 1 2. Application of s. 152KA to existing prohibition orders 1 3. Existing circumstances for police officer making banned drinker order under s. 152YE 1 4. Banned drinker orders stop having effect when Part 5C repealed 1 Schedule 2 — Unincorporated clubs Division 1 — The Anzac Club 1. Terms used 1 2. Anzac Club 1 Division 2 — The Air Force Association Club 1. Terms used 1 2. Air Force Association (Western Australia Division) Club 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Liquor Control Act 1988 An Act — * to regulate the sale, supply and consumption of liquor; and * to regulate the use of premises on which liquor is sold; and * to regulate the services and facilities provided in conjunction with, or ancillary to, the sale of liquor; and * to minimise harm or ill‑health caused to people, or any group of people, due to the use of liquor; and * to provide for orders that may prohibit people from being employed at, or from entering, licensed premises; and * to minimise harm and adverse effects, and public disturbances and disorder, in areas with a concentration of licensed premises, by providing for offences and orders that prohibit people from entering or remaining in those areas; and * to repeal the Liquor Act 1970; and * for related matters. [Long title inserted: No. 44 of 2022 s. 4.] Part 1 — Preliminary 1. Short title This Act may be cited as the Liquor Control Act 1988. [Section 1 amended: No. 73 of 2006 s. 5.] 2. Commencement The provisions of this Act shall come into operation on such day as is, or days as are respectively, fixed by proclamation. 3. Terms used (1) In this Act, unless the contrary intention appears — approved restricted manager means a person approved under section 102B(1)(b); approved unrestricted manager means a person approved under section 102B(1)(a); assessment in relation to a subsidy includes determining eligibility to receive the subsidy and the calculation of the subsidy; authorised officer means — (a) the Director; or (b) an inspector; or (c) a person specifically authorised by the Director under a delegated authority conferred pursuant to section 15 to carry out the functions, or particular functions, of an authorised officer; or (d) a police officer; authorised person, in relation to licensed or regulated premises, means — (a) the licensee or occupier of the premises; or (b) a manager of the premises; or (c) an employee or agent of the licensee or occupier or a manager; or (d) a police officer; banned drinker has the meaning given in section 152YA; banned drinker area means an area prescribed under section 175(1G); banned drinker order has the meaning given in section 152YB; banned drinkers register has the meaning given in section 152Y; barring notice has the meaning given in section 115AA(2); beer means liquor of the type known as beer, ale, lager, porter, or stout or any other type of liquor produced by brewing; casino, casino complex, casino complex agreement, and casino gaming licence have the same respective meanings as in the Casino Control Act 1984; casino liquor licence means a licence granted under section 44; cellar door permit has the meaning given in section 61A(1); chairperson means the chairperson of the Commission; Chief Health Officer has the meaning given in the Public Health Act 2016 section 4(1); club licence means a licence granted under section 48, which may be granted without restriction or as a club restricted licence; club restricted licence means a club licence of the kind referred to in section 48(1); Commission means the Liquor Commission established under section 8; Commissioner of Police means the Commissioner of Police appointed under the Police Act 1892 or a police officer authorised to act on behalf of the Commissioner of Police under subsection (6); condition includes — (a) a limitation, restriction or prohibition; and (b) in relation to a licence, any provision of that licence affecting the authorisation conferred, whether or not it purports to be expressed by way of a condition; confidential police information means any information or document classified by the Commissioner of Police as confidential under section 30(1); consume, in relation to liquor, includes inhale and absorb; crowd control agent has the same meaning as it has in the Security and Related Activities (Control) Act 1996 section 34; crowd controller's licence means a licence issued for the purposes of the Security and Related Activities (Control) Act 1996 section 37; decision includes an order, direction or determination; Department means the department of the Public Service principally assisting in the administration of this Act; Department's website means a website maintained by or on behalf of the Department; dining area means — (a) a separate room or defined area; or (b) a clearly distinct part of a separate room or defined area, used solely or primarily for the supply of meals; director, in relation to a body corporate, includes — (a) a member of the board or committee of management of the body corporate; and (b) a person occupying or acting in a position to which paragraph (a) refers, by whatever name the position is called and whether or not validly appointed to occupy or duly authorised to act in the position; and (c) any person in accordance with whose directions or instructions directors of the body corporate are accustomed to act; Director or Director of Liquor Licensing means the chief executive officer of the Department; disqualified means — (a) in relation to an applicant for a licence — a person to whom section 34(2) applies; and (b) in relation to the occupier of a position of authority in a body corporate that holds or seeks a licence — a person to whom section 34(2) or an order made under section 96(1)(g) applies; drunk has the meaning given by section 3A(1); extended trading permit means a permit issued under section 60; function means a gathering, occasion or event (including a sporting contest, show, exhibition, trade or other fair, or reception) at which it is proposed that liquor be sold or supplied to those present; Gaming and Wagering Commission means the Gaming and Wagering Commission established under the Gaming and Wagering Commission Act 1987; gross turnover, in relation to a licence, means the gross proceeds derived by the licensee from the sale of liquor under the licence; guest, in relation to licensed premises under a club licence, means a person who not being a member of the club is introduced to the club by a member in accordance with the rules of the club; hotel licence means a licence granted under section 41, which may be granted without restriction, as a hotel restricted licence, as a tavern licence or tavern restricted licence; hotel restricted licence means a hotel licence of the kind referred to in section 41(1)(b); inspector means an inspector appointed under section 14(1)(a); juvenile means a person under the age of 18 years; kind, in relation to liquor, means one of the following kinds — (a) wine made from grapes; or (b) wine not made from grapes; or (c) spirits; or (d) beer; or (e) any other kind prescribed; lease includes any tenancy or letting of, or licence to occupy, premises, in writing or otherwise and, if in writing, whether by deed or otherwise, and lessee and lessor shall be construed accordingly; licence means a licence granted under this Act; licence fee means the fee payable for a licence in respect of a licence period or the fee payable in respect of a permit; licence period, in relation to a licence, means each calendar year during which, or during any part of which, the licence is in force; licensed premises means the premises specified or defined by the licensing authority in relation to a licence, protection order or permit as the building or place to which that licence, order or permit relates; licensee means a person who holds a licence or permit under this Act, includes a person who is authorised under section 86 or 87 to carry on business under a licence or as if that person were a licensee, and may in accordance with section 101 include a reference to a person appointed or permitted to conduct, supervise or manage the business; licensing authority means — (a) in relation to an application or matter that is, under this Act, to be determined by the Commission — the Commission; and (b) otherwise — the Director; liquor means — (a) a substance intended for human consumption which at 20° Celsius contains more than 1.15% ethanol by volume, or such other proportion as is prescribed; and (b) any other substance prescribed as being liquor for the purposes of this Act; and (c) any thing that, for the purposes of sale, is held out to be such a substance; liquor merchant means a person who is — (a) licensed under this Act, otherwise than by an occasional licence only; or (b) authorised under the law of another State, or of a Territory, to sell liquor; liquor store licence means a licence granted under section 47; lodger means a person residing, whether casually or permanently, on the premises; manager, in relation to licensed premises, means — (a) an approved unrestricted manager or approved restricted manager appointed by the licensee of the premises to supervise and manage the premises; or (b) a person appointed in accordance with section 100(3) to act as a temporary manager of the premises; meal means food — (a) that is eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food; and (b) that is of sufficient substance as to be ordinarily accepted as a meal; and (c) that may consist of one or more courses, but does not include any food prescribed not to be a meal; member — (a) in relation to a club — includes a person who is a member of the club by reason of reciprocal arrangements with another club made in accordance with the rules of the club; and (b) in relation to the Commission — means a member of the Commission and includes the chairperson; metropolitan area means — (a) the region described in the Planning and Development Act 2005 Schedule 3; and (b) such other area as may be prescribed; nightclub licence means a licence granted under section 42; occasional licence means a licence granted under section 59; owner, in relation to licensed premises or regulated premises, means a person — (a) entitled to the rents or profits of the premises; or (b) who would be so entitled if the premises were let at a rent; or (c) who is a mesne lessor of the premises; or (d) who is attorney or agent for such a person and is capable of giving a valid receipt for the rent, when such a person is absent from the State, and includes, where the premises are the subject of a contract for sale or assignment, both vendor and purchaser; packaged liquor means liquor delivered to or on behalf of the purchaser in sealed containers for consumption off the licensed premises; party to proceedings includes — (a) an objector, unless a determination is made under section 74(4) in relation to the objection; and (b) a person who intervenes in proceedings; permit means an extended trading permit issued under section 60; permitted hours, in relation to licensed premises, means the hours during which the licensee is, under Part 4 Division 1 or the terms and conditions of the licence, authorised to sell liquor; premises includes — (a) land; or (b) a vehicle; or (c) a part of premises, and in relation to an application to which section 62 applies includes premises proposed to be erected and premises as proposed to be altered; prescribed means prescribed in regulations under section 175; producer's licence means a licence granted under section 55; proprietary company has the same meaning as it has in the Corporations Act 2001 of the Commonwealth; protected entertainment precinct means an area prescribed under section 175(1E); protection order means an order made under section 87 or 89; public authority means any of the following — (a) a Minister of the State; (b) an agency or an organisation as those terms are defined in the Public Sector Management Act 1994 section 3(1); (c) a body, whether incorporated or not, or the holder of an office, post or position, that is established or continued for a public purpose under a written law; reception includes a convention, conference, seminar or similar function at which people gather in substantial numbers for a particular purpose (but of which the consumption of liquor is not a predominant purpose); reception area means a part of any premises on which liquor is supplied for consumption ancillary to a meal but not necessarily during the meal; record means — (a) any book, account, document, paper or other source of information compiled, recorded or stored in written form or on microfilm, or by electronic or other means or process; and (b) the contents (in an intelligible form) of records that are kept by computer or are otherwise kept not in a readily intelligible form; and (c) any other sources of information prescribed for the purposes of this definition; regulated premises means premises to which section 122 applies; related body corporate has the same meaning as it has in the Corporations Act 2001 of the Commonwealth; relative, in relation to a licensee, includes a de facto partner of the licensee; removal, in relation to a licence, has the meaning assigned by section 31(1)(b); responsible person, in relation to licensed premises, means — (a) the licensee or occupier of the premises; or (b) a manager of the premises; or (c) an employee or agent of the licensee or occupier or a manager; restaurant means premises on which meals are, or upon the grant of a licence in relation to the premises are proposed to be, regularly prepared for sale, or supplied, and are eaten; restaurant licence means a licence granted under section 50; sample, in relation to a type of liquor, means the prescribed quantity of that type of liquor; Secretary, in relation to a club, means the principal executive officer of the club, for the time being, by whatever name called and whether or not that person is a member of the club; sell, in relation to liquor, includes — (a) agree or attempt to sell; or (b) offer or expose for the purpose of selling; or (c) send, forward or deliver for sale or on sale; or (d) barter or exchange; or (e) dispose, by lot or chance or by auction; or (f) 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 with a view to gaining or maintaining custom or other commercial advantage; or (g) authorise, direct, cause or permit to be done any act referred to in this definition, and includes, in relation to a club, supply to or to the order of members otherwise than by way of sale, but does not in relation to any class of licence include the provision of a free sample authorised by this Act; ship includes a boat or vessel; small bar licence means a licence granted under section 41A; special facility licence means a licence granted under section 46; spirits means potable spirit which at 20° Celsius contains more than 20.06% ethanol by volume; subsidy means subsidy within the meaning of Division 2 of Part 5; substance, in the definition of liquor, includes a vapour; tavern licence means a hotel licence of the kind referred to in section 41(1)(a); tavern restricted licence means a hotel licence of the kind referred to in section 41(1)(c); this Act includes subsidiary legislation made under it; townsite means a townsite under the Land Administration Act 1997; trustee means a person appointed under section 35A; vehicle includes a ship, train or aircraft and any other conveyance used for the carriage of persons; wholesaler's licence means a licence granted under section 58; wine includes — (a) liquor of the type known as mead, cider, cyser, or perry; or (b) liquor obtained from the alcoholic fermentation of grapes or the must of grapes; or (c) liquor obtained from the alcoholic fermentation of other fruit, vegetables, berries or honey; or (d) liquor prescribed as wine, but does not include liquor which at 20° Celsius contains more than 20.06% ethanol by volume. (2) For the purposes of this Act, liquor shall not be regarded as having been provided by way of free sample if a charge is made — (a) for admission to the premises on which the liquor is supplied; or (b) for the hire of glasses or containers or any device or the use of any facility on the premises; or (c) for entertainment or refreshments provided on those premises in circumstances in which the provision of entertainment or refreshments is related to the provision of liquor by way of sample, one being incidental or ancillary to the other. (3) Where a provision of this Act operates by reference to a prescribed minimum quantity of liquor, that provision shall be deemed to allow for a tolerance not exceeding 2% of the quantity so prescribed. (4) For the purposes of this Act, a person occupies a position of authority in a body corporate if that person — (a) is a director of the body corporate; or (b) exercises or exerts, or is in a position to exercise or exert, control or substantial influence over the body corporate in the conduct of its affairs; or (c) manages, or is to manage, the business of the body corporate to be conducted under a licence; or (d) occupies a position, in relation to the body corporate, prescribed to be a position of authority, or, where the body corporate is a proprietary company, if that person is a shareholder in that proprietary company. (5) A requirement under this Act to provide or produce a record is, where the record is not written or not written in the English language, a requirement to provide or produce a statement, written in the English language, setting forth such of the particulars in the record as are not written or are not written in the English language. (6) A reference in a provision of this Act to the Commissioner of Police shall include a police officer authorised in writing by the Commissioner of Police to act on his or her behalf for the purposes of this Act, or for the purposes of the particular provision. (7) In the definitions of authorised person and responsible person in subsection (1) — employee includes — (a) a person engaged under a contract for services by the licensee or occupier or a manager of licensed or regulated premises; and (b) a person holding a crowd controller's licence who is employed by a crowd control agent engaged under a contract for services by the licensee or occupier or a manager of licensed premises to supply the services of crowd controllers at those premises. [Section 3 amended: No. 56 of 1997 s. 26(1), (2) and (3); No. 12 of 1998 s. 5 and 70(5); No. 23 of 2000 s. 4; No. 27 of 2000 s. 9; No. 10 of 2001 s. 220; No. 28 of 2003 s. 105; No. 35 of 2003 s. 173(2); No. 73 of 2006 s. 6 and 106; No. 21 of 2008 s. 675(2); No. 56 of 2010 s. 4, 25, 27 and 35; No. 47 of 2011 s. 27; No. 35 of 2015 s. 4; No. 19 of 2016 s. 162; No. 9 of 2018 s. 4; No. 9 of 2022 s. 424; No. 44 of 2022 s. 5; No. 25 of 2023 s. 4 and 21(1).] 3A. Term used: drunk (1) A person is drunk for the purposes of this Act if — (a) the person is on licensed premises or regulated premises; and (b) the person's speech, balance, co‑ordination or behaviour appears to be noticeably impaired; and (c) it is reasonable in the circumstances to believe that that impairment results from the consumption of liquor. (2) If an authorised officer or a person on whom a duty is imposed under section 115 decides, in accordance with subsection (1), that a person is drunk at a particular time, then, in the absence of proof to the contrary, that person is to be taken to be drunk at that time. [Section 3A inserted: No. 73 of 2006 s. 7.] 4. Storing and receiving liquor for licensed premises at other premises; records to be kept [(1)‑(4) deleted] (5) Where the sale of liquor is authorised under a licence on or from the licensed premises and not otherwise, liquor may be supplied and delivered to the purchaser from the stock of liquor kept on those premises, or on premises to which approval under subsection (6) relates, and not otherwise. (6) On application by a licensee of a producer's licence, a wholesaler's licence or a special facility licence of a prescribed type, the Director may, in writing, approve premises other than the licensed premises for the purposes of this subsection, and the licensee is then authorised to store liquor on the approved premises and to supply or deliver liquor from those premises, whether or not the licence includes a condition that liquor be sold only on the licensed premises. (7) A person who is required to make and maintain under this Act records of transactions involving liquor shall record, and in any return under this Act may be required to state — (a) whenever a delivery of liquor by the licensee was effected otherwise than at the licensed premises; and (b) the place at which it was delivered. [Section 4 amended: No. 56 of 1997 s. 27; No. 12 of 1998 s. 6; No. 73 of 2006 s. 8; No. 9 of 2018 s. 5.] 5. Objects of Act (1) The primary objects of this Act are — (a) to regulate the sale, supply and consumption of liquor; and (b) to minimise harm or ill‑health caused to people, or any group of people, due to the use of liquor; and (c) to cater for the requirements of consumers for liquor and related services, with regard to the proper development of the liquor industry, the tourism industry and other hospitality industries in the State. (2) In carrying out its functions under this Act, the licensing authority shall have regard to the primary objects of this Act and also to the following secondary objects — (a) to facilitate the use and development of licensed facilities, including their use and development for the performance of live original music, reflecting the diversity of the requirements of consumers in the State; and [(b), (c) deleted] (d) to provide adequate controls over, and over the persons directly or indirectly involved in, the sale, disposal and consumption of liquor; and (e) to provide a flexible system, with as little formality or technicality as may be practicable, for the administration of this Act; and (f) to encourage responsible attitudes and practices towards the promotion, sale, supply, service and consumption of liquor that are consistent with the interests of the community. (3) If, in carrying out any of its functions under this Act, the licensing authority considers that there is any inconsistency between the primary objects referred to in subsection (1) and the secondary objects referred to in subsection (2), the primary objects take precedence. (4) The objects in this section do not apply in relation to Part 5AA or the carrying out of functions under Part 5AA. Note for this subsection: The object of Part 5AA is set out in section 152NB. [Section 5 amended: No. 12 of 1998 s. 7; No. 73 of 2006 s. 9; No. 9 of 2018 s. 6; No. 44 of 2022 s. 6.] 6. Act not to apply in certain cases (1) Subject to subsection (2), this Act does not apply — (a) to liquor supplied or consumed as part of a religious service, or sold to a religious organisation or its representative for sacramental or similar religious purposes; or (b) where liquor is sold or administered for medicinal purposes — (i) by a person registered under the Health Practitioner Regulation National Law (Western Australia) in the pharmacy profession; or (ii) by or on the prescription of a person registered under the Health Practitioner Regulation National Law (Western Australia) in the dental profession whose name is entered on the Dentists Division of the Register of Dental Practitioners kept under that Law or registered under that Law in the medical profession; or (c) where liquor is supplied in the course of an educational course, declared by the regulations to be an approved course for the purposes of this section; or (d) where liquor is sold or consumed in Parliament House, by permission of the proper authority; or (e) where liquor is sold by, or under the authority of, the Public Transport Authority of Western Australia, under the Government Railways Act 1904; or (f) to the sale or supply of liquor in a Police Force canteen, under the Police Act 1892; or (g) to the sale, by auction — (i) by any person authorised by the sheriff; or (ii) by a bailiff; or (iii) by a police officer, of liquor taken in execution or seized under, or forfeited by operation of, a written law; or (h) to the official receiver or trustee in bankruptcy of a bankrupt estate selling liquor that is the property of that estate for the purposes of winding up that estate; or (j) to an executor or administrator of the estate of a deceased person selling liquor that is the property of that estate for the purposes of winding up that estate; or (k) to an insurer selling liquor to which title was acquired by virtue of the settlement of a claim made under a policy of insurance, but not by purchase; or (m) to the sale of distilled spirits in bond, by the occupier of a vineyard to the occupier of another vineyard; or (n) where the liquor is an allowance supplied to a member of the crew of a ship; or (o) where the sale or supply of liquor is to, or the consumption of liquor is by, a person who is at least 18 years of age and that sale, supply or consumption is exempted by the regulations from the application of this Act. (2) An authorised officer may require any person who is in a position to provide information relating to the sale or supply of liquor in circumstances to which subsection (1) is alleged to apply to answer any question put to that person on that subject by the authorised officer, and to produce any record in the possession of that person that relates to any such transaction. [Section 6 amended: No. 12 of 1998 s. 35(2); No. 31 of 2003 s. 151; No. 35 of 2010 s. 104; No. 56 of 2010 s. 36; No. 25 of 2023 s. 21(1).] Part 2 — The licensing authority Division 1 — The licensing authority 7. Constitution and jurisdiction of licensing authority (1) The licensing authority comprises — (a) the Liquor Commission; and (b) the Director of Liquor Licensing, and may be constituted by either, but the jurisdiction which may be exercised by it depends upon the manner in which it is constituted and the powers conferred by this Act. (2) The licensing authority as constituted by the Commission may sit and exercise the jurisdiction of the Commission notwithstanding that the licensing authority as constituted by the Director is at the same time exercising jurisdiction, and the Director may exercise jurisdiction while the Commission is sitting, but not in relation to the same application or matter. (3) Subject to this Act, the Director — (a) is not to exercise jurisdiction in respect of a matter before the Commission or within the jurisdiction of the Commission; and (b) is not subject to direction by the Commission, except as a party to proceedings or as may be specifically provided by this Act. [Section 7 amended: No. 12 of 1998 s. 8; No. 73 of 2006 s. 10 and 106.] Division 2 — The Liquor Commission [Heading inserted: No. 73 of 2006 s. 11.] 8. Commission established A commission called the Liquor Commission is established. [Section 8 inserted: No. 73 of 2006 s. 11.] 9. Jurisdiction of Commission (1) The Commission has the jurisdiction conferred on it by this Act and any other written law. (2) The Commission constituted in accordance with this Act may sit and exercise the jurisdiction of the Commission even though the Commission differently constituted in accordance with this Act is at the same time sitting and exercising the jurisdiction of the Commission. [Section 9 inserted: No. 73 of 2006 s. 11.] 9A. Constitution of Commission (1) Except as otherwise stated in this Act or determined by the chairperson under subsection (2), the Commission is to be constituted by one member. (2) The chairperson may determine that, in respect of any particular matter or any matter of a particular kind, the Commission is to be constituted by 3 members. (3) If the Commission is constituted by 3 members and they are divided on a question they are required to decide, the question is decided according to the opinion of the majority of them. [Section 9A inserted: No. 73 of 2006 s. 11.] Division 2A — Members of the Commission [Heading inserted: No. 73 of 2006 s. 11.] 9B. Commission members (1) The Commission is to have — (a) a chairperson; and (b) other members as determined by the Minister. (2) The chairperson and other members are to be appointed in writing by the Minister. (3) A person may be appointed as a member if, in the opinion of the Minister, the person has knowledge or experience relevant to the functions of the Commission. (4) The Minister is to ensure that at least one member is a lawyer. [Section 9B inserted: No. 73 of 2006 s. 11; amended: No. 21 of 2008 s. 675(3).] 9C. Tenure of office (1) A member is to be appointed to hold office on a full‑time basis, part‑time basis or sessional basis. (2) The term for which a person is appointed as a member is to be fixed in the instrument of appointment and is to be not longer than 5 years. (3) A person's eligibility for reappointment or the term for which a person may be reappointed is not affected by an earlier appointment. [Section 9C inserted: No. 73 of 2006 s. 11.] 9D. Deputy chairperson (1) The Minister is to appoint a member as the deputy chairperson of the Commission. (2) The deputy chairperson may act as chairperson — (a) in the absence of the chairperson; or (b) if so requested by the chairperson; or (c) during a vacancy in the office of chairperson. (3) While acting as chairperson the deputy chairperson has, and may perform, the functions of chairperson. (4) No act or omission of a person acting in the place of the chairperson under this section is to be questioned on the ground that the occasion for acting had not arisen or had ceased. [Section 9D inserted: No. 73 of 2006 s. 11.] 9E. Removal or resignation (1) The Minister may terminate the term of office of a member if — (a) the member has been convicted of an indictable offence or an offence that, if committed in Western Australia, would be an indictable offence; or (b) the member is an insolvent under administration according to the meaning of that term in the Commonwealth Corporations Act 2001; or (c) the Minister is satisfied that the member has become incapable of performing, or has neglected to perform, the duties of office; or (d) the Minister is satisfied that the member is unfit to hold office because of misconduct. (2) A member may resign office by giving the Minister a signed letter of resignation. [Section 9E inserted: No. 73 of 2006 s. 11.] 9F. Leave of absence The Minister may grant leave of absence to a member on the terms and conditions that the Minister thinks fit. [Section 9F inserted: No. 73 of 2006 s. 11.] 9G. Member whose term has expired may continue in office Despite the term of office of a member having expired by the passage of time, the member may continue in office — (a) until the member is reappointed, or a successor is appointed; and (b) in any event for the purpose of completing any part‑heard proceedings, unless the Minister otherwise directs. [Section 9G inserted: No. 73 of 2006 s. 11.] 9H. Remuneration and conditions of office (1) The remuneration and allowances and other conditions of office of a member are to be determined by the Minister after consultation with the Public Sector Commissioner. (2) Subsection (1) has effect subject to the Salaries and Allowances Act 1975 if that Act applies to the member. (3) The remuneration and allowances and conditions of office of a member are not to be varied while the member is in office so as to become less favourable to the member. [Section 9H inserted: No. 73 of 2006 s. 11; amended: No. 39 of 2010 s. 89.] Division 2B — Other matters [Heading inserted: No. 73 of 2006 s. 11.] 9I. Decisions of Commission to be written etc. (1) A decision of the Commission is to be given in writing and authenticated in accordance with rules of the Commission. (2) The Commission is to give a copy of a decision to each party to the proceedings. (3) A failure of the Commission to comply with subsection (1) or (2) does not affect the validity of a decision. [Section 9I inserted: No. 73 of 2006 s. 11.] 9J. Seal of Commission (1) The Commission is to have a seal. (2) All courts and persons acting judicially are required to take judicial notice of the official seal of the Commission affixed to a document. (3) If the official seal of the Commission is affixed to a document, a court or person acting judicially is to presume that it was properly affixed unless the contrary is proved. [Section 9J inserted: No. 73 of 2006 s. 11.] 9K. Annual reports by Commission (1) The chairperson is required, on or before 30 September in each year, to submit to the Minister an annual report on the activities of the Commission during the year ending on the preceding 30 June. (2) The annual report is to include details of — (a) the number, nature and outcome of matters that have come before the Commission; and (b) the number and nature of matters that are outstanding; and (c) any trends or special problems that may have emerged; and (d) forecasts of the workload of the Commission in the year after the year to which the report relates; and (e) any proposals for improving the operation of the Commission. (3) The Minister is to cause a copy of each report submitted under subsection (1) to be laid before each House of Parliament within 28 days after submission of the report. (4) The chairperson, if requested to do so by the Minister, is to report to the Minister about the jurisdiction and functions of the Commission or any matter connected with the exercise of that jurisdiction or the performance of those functions. (5) The chairperson may, from time to time, report to the Minister about anything referred to in subsection (4) whether or not the chairperson has been requested to do so. [Section 9K inserted: No. 73 of 2006 s. 11.] 9L. Laying annual report before House of Parliament not sitting (1) If — (a) at the commencement of the period within which section 9K(3) requires a copy of a report to be laid before a House of Parliament, the House is not sitting; and (b) the Minister is of the opinion that the House will not sit during that period, the Minister is to transmit a copy of the report to the Clerk of the House. (2) A copy of a report transmitted to the Clerk of a House is to be regarded as having been laid before that House. (3) The laying of a copy of a report that, under subsection (2), is to be regarded as having occurred is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy. [Section 9L inserted: No. 73 of 2006 s. 11.] 9M. Protection and immunity of members, parties etc. (1) A member has, in the performance of his or her functions as member, the same protection and immunity as a judge of the Supreme Court has in the performance of his or her duties as a judge. (2) A person representing a party in proceedings in the Commission has the same protection and immunity as a lawyer has in representing a party in proceedings in the Supreme Court. (3) A party to proceedings in the Commission has the same protection and immunity as a party to proceedings in the Supreme Court. (4) A person appearing as a witness before the Commission has the same protection and immunity as a witness has in proceedings in the Supreme Court. [Section 9M inserted: No. 73 of 2006 s. 11; amended: No. 21 of 2008 s. 675(3).] [10‑11. Deleted: No. 27 of 2000 s. 12.] [12. Deleted: No. 12 of 1998 s. 10(1).] Division 3 — The Director of Liquor Licensing 13. Functions of and hearings by Director [(1) deleted] (2) The Director is responsible for the administration of this Act, other than those aspects of administration that relate to the Commission. (3) A person appointed to be, or to act in the office of, Director of Liquor Licensing in the exercise of the jurisdiction conferred by that office — (a) has the jurisdiction conferred on that office by this Act, and shall exercise that jurisdiction faithfully and impartially; and (b) has in the exercise of that jurisdiction the same protection and immunity as has a member of the Commission. (3a) Subsection (3) does not limit the functions of the Director as a chief executive officer under the Public Sector Management Act 1994. (4) The Director is to determine applications and matters under this Act that are not subject to the jurisdiction of the Commission, and may defer consideration or further consideration of any application or matter if it is necessary to obtain more information. (5) The Director — (a) without conducting a hearing, may determine any application or matter; but (b) where the Director decides to conduct a hearing, may — (i) fix a time and place for the hearing; and (ii) cause notice to be given to the applicant and to any other person interested in the application or matter to be heard, and a person so given notice shall be entitled to attend the hearing and to be heard. (6) Any hearing before the Director shall be in private unless the Director considers that, in the circumstances of the case, the hearing should be in public, and where the hearing is to be in private the Director may, subject to subsection (4) and section 17, determine who shall be present. [Section 13 amended: No. 32 of 1994 s. 3(2); No. 73 of 2006 s. 12.] 14. Inspectors etc., appointment of etc. (1) There shall be appointed, as may be necessary — (a) inspectors to — (i) ensure that licensed premises conform to proper standards; and (ii) examine records relating to liquor transactions and subsidies; and (b) such other officers as are required to assist the Commission and the Director in the administration of this Act. (2) A person appointed pursuant to subsection (1) shall be appointed under, and shall hold office subject to and in accordance with, Part 3 of the Public Sector Management Act 1994. (3) The Director shall furnish to — (a) an inspector; and (b) a person specifically authorised by the Director under a delegated authority conferred pursuant to section 15 to carry out the functions, or particular functions, of an authorised officer, a certificate of identity in the form approved by the Director. [Section 14 amended: No. 32 of 1994 s. 3(2); No. 56 of 1997 s. 28; No. 73 of 2006 s. 106 and 111(1); No. 9 of 2018 s. 7.] Division 4 — Other staff of the licensing authority 15. Director may delegate etc. (1) The Director, by an instrument in writing signed personally by the Director and either generally or as otherwise provided by that instrument, may — (a) delegate to an inspector or other officer appointed pursuant to section 14 any of the functions of the Director under this Act other than this power of delegation; and (b) authorise any other person to carry out any of the functions — (i) for which a person was,