Australian Capital Territory Current Acts

LIQUOR ACT 2010

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

           Division 1.1--Introduction

   1.      Name of Act  
   3.      Dictionary  
   4.      Notes  
   5.      Offences against Act—application of Criminal Code etc  
   6.      Application of Act—generally  
   7.      Application of Act—sale of liquor  
   8.      Application of Act—sale of liquor at universities  
   8A.     Application of Act—supply of liquor by exempt business  

           Division 1.2--Objects and principles

   9.      Object of Act  
   10.     Harm minimisation and community safety principles  

           Division 1.3--Important concepts

   11.     What is liquor?  
   12.     Offence—sell liquor without licence or permit  
   13.     Offence—fail to comply with condition of licence or permit  
   14.     Who is a close associate?  
   15.     Who is an influential person for a corporation?  

   PART 2--LIQUOR LICENCES

           Division 2.1--Classes of licences

   16.     What is a licence?  
   17.     What is a general licence?  
   18.     What is an on licence?  
   19.     What is an off licence?  
   20.     What is a club licence?  
   20A.    What is a catering licence?  
   21.     What is a special licence?  

           Division 2.2--On licences—subclasses

   22.     What is a bar licence?  
   23.     What is a nightclub licence?  
   24.     What is a restaurant and cafe licence?  

           Division 2.3--Licences—application and decision

   25.     Licence—application  
   26.     Licence—public consultation  
   27.     Licence—decision on application  
   27A.    Licence—interim licence  
   28.     Licence—occupancy loading  
   29.     Licence—adults-only areas  
   30.     Licence—form  
   31.     Licence—conditions  
   32.     Licence—period in force  
   32AA.   Interim licence—period in force  
   32A.    Licence—annual fee  
   32B.    Licence—reduction in annual fee  

           Division 2.4--Licences—notification and public consultation

   33.     Application and definition—div 2.4  
   33A.    Licence—notice of application to certain entities  
   33B.    Commissioner may ask for information from commissioner for revenue  
   34.     Licence—public notification of application  
   35.     Licence—representations  
   36.     What is the public consultation period?—div 2.4  

           Division 2.5--Licences—amendment, transfer, etc

   37.     Licence—amendment initiated by commissioner  
   38.     Licence—amendment on application by licensee  
   39.     Licence—amendment for change to floor plan of licensed premises  
   40.     Licence—application to transfer licence  
   41.     Licence—decision on application to transfer licence  
   44.     Licence—replacing when lost, stolen or destroyed  
   45.     Licence—surrender  
   46.     Offence—fail to return licence  
   46A.    Licence—immediate suspension for failure to pay fee  

   PART 3--LIQUOR PERMITS

           Division 3.1--Classes of permits

   47.     What is a permit?  
   48.     What is a commercial permit?  
   49.     What is a non-commercial permit?  

           Division 3.2--Permits—application and decision

   50.     Permit—application  
   51.     Permit—decision on application  
   52.     Permit—occupancy loading  
   53.     Permit—adults-only areas  
   54.     Permit—form  
   55.     Permit—conditions  
   56.     Permit—term  

           Division 3.3--Permits—amendment, transfer, renewal, etc

   57.     Permit—amendment initiated by commissioner  
   58.     Permit—amendment on application by permit-holder  
   59.     Permit—not transferable  
   60.     Permit—commercial permit not renewable  
   61.     Permit—application for renewal of non-commercial permit  
   62.     Permit—decision on application for renewal of non-commercial permit  
   63.     Permit—replacing when lost, stolen or destroyed  
   64.     Permit—surrender  
   65.     Non-commercial permit—cancellation  
   66.     Offence—fail to return permit  

   PART 4--SUITABILITY OF PEOPLE AND PREMISES FOR LICENCES AND PERMITS

           Division 4.1--Suitability of people for licences and permits

   67.     Who is a suitable person?  
   68.     Commissioner must consider suitability information, etc  
   69.     What is suitability information about a person?  
   69A.    Non-suitability—criminal activity  
   70.     What is an eligible club?  
   71.     Commissioner may require police certificate or information for person  
   72.     Commissioner need not decide suitability if certificate etc not provided  
   73.     Offence—ongoing duty to update person's suitability information  

           Division 4.2--Suitability of premises for licences and permits

   74.     Who is the responsible person for premises?—div  
   75.     What are suitable premises?  
   76.     Commissioner must consider suitability information, etc  
   77.     Commissioner must decide premises not suitable in some circumstances  
   78.     What is suitability information about premises?  
   79.     Commissioner may require plan etc for premises  
   80.     Commissioner may require inspection of premises  
   81.     Commissioner need not decide suitability if requirements not complied  
   82.     Offence—ongoing duty to update premises' suitability information  

   PART 5--OCCUPANCY LOADING FOR LICENSED PREMISES AND PERMITTED PREMISES

   83.     What is occupancy loading?  
   84.     What is a public area?  
   85.     Occupancy loading decision  
   86.     Fire engineering study and inspection  
   87.     Commissioner not to issue licence or permit if requirement not complied  

   PART 6--RISK-ASSESSMENT MANAGEMENT PLANS FOR LICENSED PREMISES AND PERMITTED PREMISES

   88.     What is a risk-assessment management plan?  
   89.     What is an approved risk-assessment management plan?  
   90.     Risk-assessment management plan—approval  
   90A.    Risk-assessment management plan—availability  
   90B.    Risk-assessment management plan—direction to prepare plan  
   90C.    Approved risk-assessment management plan—amendment on direction from  
   91.     Approved risk-assessment management plan—amendment on  
   92.     Approved risk-assessment management plan—decision on amendment  
   92A.    Offence—licensee fail to comply with direction to prepare approved risk-assessment management  
   92B.    Offence—failure to amend approved risk-assessment management plan  

   PART 7--ADULTS-ONLY AREAS FOR LICENSED PREMISES AND PERMITTED PREMISES

           Division 7.1--Adults-only area decisions

   93.     What is an adults-only area?  
   94.     Adults-only areas decision  

           Division 7.2--Approvals for young people's event in adults-only area at licensed premises

   95.     Young people's event approval—application  
   96.     Young people's event approval—decision  
   97.     Young people's event approval—form  
   98.     Young people's event approval—conditions  
   99.     Young people's event approval—term  

   PART 8--CONDUCT AT LICENSED PREMISES AND PERMITTED PREMISES

           Division 8.1--Responsible service of alcohol

   100.    Offence—supply liquor without RSA certificate—licensee or  
   101.    Offence—supply liquor without RSA certificate—employee  
   102.    Offence—crowd controller without RSA certificate  
   103.    Offence—fail to keep RSA certificates  

           Division 8.2--Intoxicated people

   104.    What is intoxicated?  
   105.    Offence—supply liquor to intoxicated person—licensee or  
   106.    Offence—supply liquor to intoxicated person—employee  
   107.    Offence—supply liquor to intoxicated person—other person  
   108.    Offence—abuse, threaten, intimidate staff  

           Division 8.3--Children and young people

   110.    Offence—supply liquor to child or young person—licensee or  
   111.    Offence—supply liquor to child or young person—employee  
   112.    Offence—supply liquor to child or young person—other person  
   113.    Licensee, permit-holder, etc may refuse to supply liquor without identification  
   114.    Offence—child or young person consume liquor—licensee or  
   115.    Offence—child or young person consume liquor  
   116.    Offence—child or young person possess liquor—licensee or  
   117.    Offence—child or young person possess liquor  
   118.    Offence—child or young person supply liquor—licensee or  
   119.    Offence—send child or young person to obtain liquor  
   120.    Offence—child or young person in adults-only area—licensee or  
   121.    Offence—child or young person in adults-only area  
   122.    Offence—child or young person use false identification for adults-only  
   123.    Offence—fail to mark adults-only areas  
   124.    Licensee, permit-holder, etc may seize false identification document  

           Division 8.4--Occupancy loading

   125.    Offence—exceed occupancy loading  
   126.    Offence—fail to display occupancy loading sign  

           Division 8.5--Approved risk-assessment management plans

   127.    Offence—fail to comply with approved risk-assessment management plan  

           Division 8.6--Incidents

   130.    What is an incident?—div 8.6  
   131.    Incident reporting  
   132.    Offence—fail to report incident  

           Division 8.7--Breath testing machines

   133.    What is a breath testing machine?—div 8.7  
   134.    Offence—fail to display breath testing machine sign  
   135.    Evidence of breath tests  

           Division 8.8--Other offences

   136.    Offence—sell petrol at premises  
   137.    Offence—conduct prohibited promotional activities  
   138.    Offence—remain in or re-enter vicinity of premises  
   139.    Offence—consume liquor at off licensed premises  
   139A.   Offence—take liquor from on licensed premises  
   140.    Offence—sexually explicit entertainment  
   141.    Offence—fail to keep licence or permit at premises  
   142.    Offence—fail to keep records in required way  
   143.    Offence—club licensee advertise for public attendance  
   143A.   Offence—fail to comply with direction to display sign  

           Division 8.9--Excluding people from premises

   143B.   Excluding people from premises  

           Division 8.10--Exclusion orders

   143C.   Definitions—div 8.10  
   143D.   Meaning of exclusion order, excluded person and exclusion  
   143E.   Application for exclusion order  
   143F.   Making of exclusion order  
   143G.   Offence—excluded person on premises contrary to exclusion order  
   143H.   Display of notice about effect of exclusion order  
   143I.   Amending or revoking exclusion order  

   PART 9--DIRECTIONS, EMERGENCY CLOSURE ORDERS AND CAUTIONS

           Division 9.1--Commissioner's directions

   144.    Commissioner may direct licensee, permit-holder, employee etc  
   145.    Offence—fail to comply with commissioner's direction  

           Division 9.1A--Direction to give security camera images

   145A.   Commissioner or police may direct licensee to give security camera  
   145B.   Offence—fail to comply with direction to give security camera images  

           Division 9.2--Emergency closure orders

   146.    Emergency closure of premises for 24 hours  
   147.    Emergency closure notice  
   148.    Offence—fail to comply with emergency closure order  

           Division 9.3--Police cautions for children and young people

   149.    Definitions—div 9.3  
   150.    Police may caution children and young people  
   151.    Police must caution and release child or young person as soon as  
   152.    Chief police officer may revoke cautions  

   PART 10--ENFORCEMENT

           Division 10.1--General

   153.    Definitions—pt 10  

           Division 10.2--Powers of authorised people

   154.    Power to enter premises  
   155.    Production of identity card  
   156.    Consent to entry  
   157.    General powers on entry to premises  
   158.    Power to seize things  

           Division 10.3--Search warrants

   159.    Warrants generally  
   160.    Warrants—application made other than in person  
   161.    Search warrants—announcement before entry  
   162.    Details of search warrant to be given to occupier etc  
   163.    Occupier entitled to be present during search etc  

           Division 10.4--Return and forfeiture of things seized

   164.    Receipt for things seized  
   165.    Moving things to another place for examination or processing under search  
   166.    Access to things seized  
   167.    Return of things seized  
   168.    Forfeiture of seized things  
   169.    Power to destroy unsafe things  
   170.    Application for order disallowing seizure  
   171.    Order for return of seized thing  

           Division 10.5--Enforcement—miscellaneous

   172.    Damage etc to be minimised  
   173.    Compensation for exercise of enforcement powers  

   PART 11--COMPLAINTS AND OCCUPATIONAL DISCIPLINE

           Division 11.1--General

   174.    Who is a licensee?—pt 11  
   175.    Who is a commercial permit-holder?—pt 11  

           Division 11.2--Complaints

   176.    Who may complain?  
   177.    Form of complaint  
   178.    Withdrawal of complaints  
   179.    Further information about complaint etc  
   180.    Investigation of complaint  
   181.    No further action on complaint  
   182.    Action after investigating complaint  

           Division 11.3--Occupational discipline

   182A.   Meaning of person of concern—div 11.3  
   183.    Grounds for occupational discipline—licensee  
   184.    Grounds for occupational discipline—commercial permit-holder  
   185.    ACAT must consider suitability information, etc about licensee or commercial-permit  
   186.    ACAT must consider suitability information, etc about premises  
   187.    Application to ACAT for occupational discipline  

   PART 11A--COMPLIANCE TESTING

   187A.   Definitions—pt 11A  
   187B.   What is a compliance test?—pt 11A  
   187C.   Approval of compliance testing programs  
   187D.   Approval of compliance testing procedures  
   187E.   Carrying out compliance testing  
   187F.   Lawfulness of compliance testing  
   187G.   Indemnification of authorised people and purchase assistants  

   PART 11B--CANCELLATION OF LICENCE OR PERMIT FOR CRIMINAL ACTIVITY

   187H.   Definitions—pt 11B  
   187I.   Application for cancellation order  
   187J.   Cancellation order  
   187K.   Cancellation order—revocation  
   187L.   Offences—cancellation order—involvement of person engaged in criminal  

   PART 12--RESPONSIBLE SERVICE OF ALCOHOL (RSA) TRAINING COURSES

           Division 12.1--Approval to provide RSA training courses

   188.    Definitions—div 12.1  
   189.    RSA training course approval—application  
   190.    RSA training course approval—decision on application  
   191.    RSA training course approval—form  
   192.    RSA training course approval—term  

           Division 12.2--RSA training course certificates

   193.    What is an RSA certificate?  
   194.    RSA training providers must give RSA certificates  

   PART 13--LICENCE AND PERMIT REGISTER

   195.    Licence and permit register  
   196.    Exception to public inspection  
   197.    Correction and keeping up-to-date register  

   PART 14--OTHER LIQUOR MATTERS

           Division 14.1--Alcohol-free public places

   198.    Alcohol-free places  
   199.    Offence—consume liquor at certain public places  
   200.    Offence—possess open container of liquor at certain public places  
   201.    Seizure of liquor in public places  

           Division 14.2--Children and young people

   202.    Offence—child or young person buy liquor  
   203.    Offence—child or young person use false identification to buy liquor  
   204.    Offence—supply liquor to child or young person at public place  
   204A.   Offence—supply liquor to child or young person by parent etc—private  
   205.    Offence—child or young person consume liquor in public place  
   206.    Offence—child or young person possess liquor in public place  
   207.    Police officer may ask for identification document  
   208.    Offence—fail to comply with police officer's request for identification  
   209.    What is a proof of identity card?—div 14.2  
   210.    Proof of identity cards  
   211.    Offence—child or young person use false identification to obtain proof of identity  

           Division 14.3--Prohibited liquor products

   212.    What is a prohibited liquor product?  
   213.    Prohibited liquor products  
   214.    Offence—supply prohibited liquor product  

           Division 14.4--Licensee events and special events

   214A.   Application—div 14.4  
   214B.   Definitions—div 14.4  
   214C.   Meaning of licensee event and special event  
   214D.   Declaration of special event  
   214E.   Extended trading for special event  
   214F.   Extended trading for licensee event  
   214G.   Change to floor plan of licensed premises  

   PART 15--LIQUOR ADVISORY BOARD

   215.    Establishment of liquor advisory board  
   216.    Membership of liquor advisory board  
   217.    Liquor advisory board function  
   218.    Liquor advisory board procedure  
   219.    Reimbursement of expenses for liquor advisory board members  

   PART 16--NOTIFICATION AND REVIEW OF DECISIONS

   220.    What is a reviewable decision?—pt 16  
   221.    Reviewable decision notices  
   222.    Applications for review  

   PART 16A--CRIMINAL INTELLIGENCE

   222A.   Definitions—pt 16A  
   222B.   Disclosure of criminal intelligence—chief police officer  
   222C.   Disclosure of criminal intelligence—commissioner for fair trading and  
   222D.   Whether information is criminal intelligence—application and  
   222E.   Appeal—applicant may withdraw information  
   222F.   Confidentiality of criminal intelligence—commissioner and ACAT  
   222G.   Confidentiality of criminal intelligence—courts  
   222H.   Delegation by chief police officer  

   PART 17--MISCELLANEOUS

   223.    Liquor guidelines  
   224.    Declared training providers  
   224A.   Licences and permits not personal property—PPS Act  
   224B.   Evidentiary certificates—licensees and permit holders  
   225.    Acts and omissions of representatives  
   226.    Proceedings for offences  
   227.    Determination of fees  
   228.    Approved forms  
   229.    Regulation-making power  
           SCHEDULE 1
           DICTIONARY
           ENDNOTES