South Australian Current Acts South Australian Current ActsNotes
• Amendments of this version that are uncommenced are not
incorporated into the text.
• Please note—References in the legislation to other
legislation or instruments or to titles of bodies or offices are not
automatically updated as part of the program for the revision and publication of
legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at
the end of the legislative history.
• For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian Statutes or
www.legislation.sa.gov.au.
Legislation repealed by principal
Act
The Liquor Licensing Act 1997 repealed the following:
Liquor Licensing Act 1985
Principal Act and amendments
New entries appear in bold.
|
Year |
No |
Title |
Assent |
Commencement |
|
1997 |
65 |
7.8.1997 |
1.10.1997 (Gazette 25.9.1997 p874) except ss 80—93,
s 96 and the third example in Sch cl 4 were deleted by 49/1998
without coming into operation |
|
|
1998 |
2 |
Liquor Licensing (Licensed Clubs) Amendment Act 1998 |
5.3.1998 |
19.3.1998 (Gazette 19.3.1998 p1514) |
|
1998 |
49 |
Liquor Licensing (Licence Fees) Amendment Act 1998 |
3.9.1998 |
8.10.1998 (Gazette 8.10.1998 p1058) |
|
2000 |
35 |
Liquor Licensing (Regulated Premises) Amendment
Act 2000 |
6.7.2000 |
6.7.2000 |
|
2000 |
55 |
Liquor Licensing (Miscellaneous) Amendment Act 2000 |
20.7.2000 |
1.9.2000 (Gazette 24.8.2000 p592) |
|
2001 |
18 |
Statutes Amendment (Gambling Regulation) Act 2001 |
31.5.2001 |
|
|
2002 |
2 |
Liquor Licensing (Miscellaneous) Amendment Act 2002 |
25.7.2002 |
8.8.2002 (Gazette 8.8.2002 p3009) |
|
2002 |
34 |
Statutes Amendment (Corporations—Financial Services Reform)
Act 2002 |
28.11.2002 |
Pt 8 (s 21)—1.8.2003 (Gazette 10.7.2003
p2913) |
|
2004 |
3 |
Liquor Licensing (Miscellaneous) Amendment Act 2004 |
4.3.2004 |
25.3.2004 (Gazette 25.3.2004 p937) |
|
2005 |
22 |
Statutes Amendment (Liquor, Gambling and Security Industries) Act
2005 |
9.6.2005 |
Pt 3 (ss 25—34, 35(1), 36—38, 39(1), 40(1), 41 & 42)
& Sch 1 (cl 2)—8.12.2005 (Gazette 8.12.2005 p4195);
ss 35(2), (3), 39(2), (3) & 40(2), (3) impliedly repealed by 37/2006
ss 8(2), 9(2) & 10—the provisions amended were subsequently
deleted |
|
2005 |
57 |
Liquor Licensing (Exemption for Tertiary Institutions) Amendment Act
2005 |
17.11.2005 |
17.11.2005 |
|
2006 |
17 |
Statutes Amendment (New Rules of Civil Procedure) Act
2006 |
6.7.2006 |
Pt 46 (ss 158—161)—4.9.2006 (Gazette 17.8.2006
p2831) |
|
2006 |
37 |
Liquor Licensing (Authorised Persons) Amendment Act 2006 |
14.12.2006 |
1.2.2007: s 2 |
|
2006 |
43 |
Statutes Amendment (Domestic Partners) Act 2006 |
14.12.2006 |
Pt 52 (s 148)—1.6.2007 (Gazette 26.4.2007 p1352) |
|
2007 |
52 |
Liquor Licensing (Certificates of Approval) Amendment Act
2007 |
29.11.2007 |
13.12.2007 (Gazette 13.12.2007 p4811) |
|
2008 |
48 |
Statutes Amendment (Power to Bar) Act 2008 |
4.12.2008 |
Pt 2 (ss 4—11)—1.3.2009 (Gazette 26.2.2009
p765) except new s 28A(5f) (as inserted by s 5(2))—4.12.2010
(s 7(5) Acts Interpretation Act 1915) |
|
2009 |
61 |
Liquor Licensing (Producers, Responsible Service and Other Matters)
Amendment Act 2009 |
26.11.2009 |
3.5.2010 (Gazette 18.2.2010 p816) except ss 5 &
7—26.11.2011 (s 7(5) Acts Interpretation
Act 1915) |
|
2009 |
84 |
Statutes Amendment (Public Sector Consequential Amendments) Act
2009 |
10.12.2009 |
Pt 84 (ss 199 & 200)—1.2.2010 (Gazette 28.1.2010
p320) |
|
2011 |
31 |
Statutes Amendment (Budget 2011) Act 2011 |
4.8.2011 |
|
|
2011 |
40 |
Liquor Licensing (Miscellaneous) Amendment Act 2011 |
3.11.2011 |
30.1.2012 except ss 4, 5, 12—42 & Sch 1—5.3.2012
(Gazette 27.1.2012 p372) |
|
2012 |
19 |
Statutes Amendment (Criminal Intelligence) Act 2012 |
24.5.2012 |
Pt 5 (s 9)—12.7.2012 (Gazette 12.7.2012
p3110) |
|
2013 |
3 |
Liquor Licensing (Small Venue Licence) Amendment
Act 2013 |
28.2.2013 |
26.4.2013 (Gazette 26.4.2013 p1185) |
|
2013 |
16 |
Statutes Amendment (Directors' Liability) Act 2013 |
23.5.2013 |
Pt 34 (s 64)—17.6.2013 (Gazette 6.6.2013
p2498) |
|
2013 |
52 |
Liquor Licensing (Miscellaneous) Amendment Act 2013 |
31.10.2013 |
1.11.2013 (Gazette 31.10.2013 p4159) except ss 5(1), (2), 7,
9—23, 27, 31—35, 36(1), 37 & 39—14.11.2013 (Gazette
14.11.2013 p4225) and except ss 5(3), 26, 36(2), 38 &
41—5.12.2013 (Gazette 5.12.2013 p4445) and except ss 8, 24,
25, 28—30 & Sch 1 cl 1—16.1.2014 (Gazette 16.1.2014
p121) and except s 40—5.1.2015 (Gazette 30.10.2014
p6217) |
|
2015 |
19 |
Statutes Amendment (Serious and Organised Crime) Act 2015 |
6.8.2015 |
Pt 3 (s 9)—6.8.2015 (Gazette 6.8.2015
p3752) |
|
2015 |
32 |
Liquor Licensing (Prohibition of Certain Liquor) Amendment
Act 2015 |
5.11.2015 |
17.12.2015 (Gazette 10.12.2015 p5201) |
|
2015 |
37 |
Liquor Licensing (Entertainment on Licensed Premises) Amendment
Act 2015 |
26.11.2015 |
20.12.2015 (Gazette 10.12.2015 p5201) |
|
2016 |
14 |
21.4.2016 |
Sch 6 (cl 19)—31.7.2020 (Gazette 18.6.2020 p3390);
(cl 20)—uncommenced |
|
|
2017 |
5 |
Statutes Amendment (Planning, Development and Infrastructure)
Act 2017 |
28.2.2017 |
Pt 15 (s 47)—19.3.2021 (Gazette 4.3.2021
p823) |
|
2017 |
49 |
Liquor Licensing (Liquor Review) Amendment Act 2017 as amended
by 7/2019 |
28.11.2017 |
Pt 2 (ss 5(3), (10), (12), (16), (18) to (20), (23), (27), 8, 16, 18, 21,
24, 33(3), (4), 39(1), 53(1), (3), 54, 65, 66, 70 to 72, 77, 81, 82(1), (2),
96(1), 97, 98) & Sch 2 (cll 1, 2, 11, 13)—18.12.2017 (Gazette
12.12.2017 p4959); ss 57(3), 58, 67, 78, 79, 84 to 90, 92 to 95, 96(2) &
Sch 2 (cl 12)—24.9.2018; s 91—1.1.2019 (Gazette
6.9.2018 p3412); ss 4, 5(1), (2), (4) to (9), (11), (13) to (15), (17),
(21), (22), (24) to (26), (28), 6, 7, 9 to 15, 17, 19, 20, 22, 23, 25 to 32,
33(1), (2), 34 to 38, 39(2), 40 to 52, 53(2), 55, 56, 57(1), (2), 59 to 64, 68,
69, 73 to 76, 80, 82(3), 83 & Sch 2 Pt 3—18.11.2019 (Gazette
7.11.2019 p3759) |
|
2018 |
29 |
Statutes Amendment (Attorney-General's Portfolio) Act 2018 as
amended by 7/2019 |
15.11.2018 |
|
|
2018 |
35 |
Statutes Amendment and Repeal (Budget Measures)
Act 2018 |
22.11.2018 |
Pt 9 (s 114)—22.11.2018: s 2(1); ss 112 &
113—1.12.2018 (Gazette 29.11.2018 p4058) |
|
2018 |
40 |
Summary Offences (Liquor Offences) Amendment
Act 2018 |
13.12.2018 |
Sch 1 (cl 3)—13.12.2020 (s 7(5) Acts Interpretation
Act 1915) |
|
2019 |
7 |
Statutes Amendment (Liquor Licensing) Act 2019 |
9.5.2019 |
Pt 2 (s 3) amendment of Sch 2 Pt 3 of 49/2017—9.5.2019 |
|
2019 |
21 |
Statutes Amendment (Attorney-General's Portfolio) (No 2)
Act 2019 |
19.9.2019 |
Pt 8 (s 15)—19.9.2019: s 2(1) |
|
2019 |
28 |
Liquor Licensing (Miscellaneous) Amendment
Act 2019 |
24.10.2019 |
18.11.2019 immediately after s 22 of 49/2017: s 2(1) except ss 6,
13 & 14(2)—22.10.2021 (Gazette 21.10.2021
p3790) |
|
2019 |
44 |
Statutes Amendment (Gambling Regulation) Act 2019 |
12.12.2019 |
Pt 5 (s 137)—3.12.2020 (Gazette 30.7.2020 p4103) |
|
2019 |
45 |
Supreme Court (Court of Appeal) Amendment Act 2019 |
19.12.2019 |
Sch 1 (cll 55 & 56)—1.1.2021 (Gazette
10.12.2020 p5638) |
|
2020 |
19 |
Liquor Licensing (Liquor Production and Sales Licence) Amendment
Act 2020 |
25.6.2020 |
25.6.2020 |
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in
italics.
|
Provision |
How varied |
Commencement |
|
Long title |
amended under Legislation Revision and Publication
Act 2002 |
1.8.2003 |
|
Pt 1 |
|
|
|
s 2 |
deleted by 2/2002 Sch |
8.8.2002 |
|
|
|
|
|
s 3 amended and redesignated as s 3(1) by 2/2002 s 3(a),
(b) |
8.8.2002 |
|
|
|
amended by 52/2013 s 4 |
1.11.2013 |
|
|
substituted by 49/2017 s 4(1) |
18.11.2019 |
|
inserted by 49/2017 s 4(1) |
18.11.2019 |
|
|
inserted by 2/2002 s 3(b) |
8.8.2002 |
|
|
|
amended by 49/2017 s 4(2) |
18.11.2019 |
|
|
|
|
|
approved crowd controller |
inserted by 22/2005 s 25(1) |
8.12.2005 |
|
|
deleted by 49/2017 s 5(1) |
18.11.2019 |
|
assessment period |
deleted by 49/1998 s 3 |
8.10.1998 |
|
authorised person |
inserted by 37/2006 s 4 |
1.2.2007 |
|
|
amended by 49/2017 s 5(2) |
18.11.2019 |
|
body corporate |
inserted by 49/2017 s 5(3) |
18.12.2017 |
|
close associate |
substituted by 49/2017 s 5(4) |
18.11.2019 |
|
club event endorsement |
inserted by 49/2017 s 5(5) |
18.11.2019 |
|
club transport endorsement |
inserted by 49/2017 s 5(5) |
18.11.2019 |
|
code of practice |
inserted by 40/2011 s 4(1) |
5.3.2012 |
|
collective outlet |
inserted by 61/2009 s 4(1) |
3.5.2010 |
|
|
amended by 49/2017 s 5(6) |
18.11.2019 |
|
amended by 18/2001 s 42 |
1.10.2001 |
|
|
community impact assessment guidelines |
inserted by 49/2017 s 5(7) |
18.11.2019 |
|
criminal intelligence |
inserted by 22/2005 s 25(2) |
8.12.2005 |
|
|
amended by 48/2008 s 4 |
1.3.2009 |
|
designated application |
inserted by 49/2017 s 5(9) |
18.11.2019 |
|
designated dining area |
deleted by 49/2017 s 5(8) |
18.11.2019 |
|
designated licence |
inserted by 49/2017 s 5(9) |
18.11.2019 |
|
designated reception area |
deleted by 49/2017 s 5(8) |
18.11.2019 |
|
direct sales transaction |
inserted by 55/2000 s 3(a) |
1.9.2000 |
|
domestic partner |
inserted by 49/2017 s 5(10) |
18.12.2017 |
|
entertainment |
substituted by 52/2013 s 5(1) |
14.11.2013 |
|
extended trade |
amended by 3/2004 s 4 |
25.3.2004 |
|
|
deleted by 40/2011 s 4(2) |
5.3.2012 |
|
extended trading authorisation |
amended by 40/2011 s 4(3) |
5.3.2012 |
|
|
deleted by 49/2017 s 5(11) |
18.11.2019 |
|
inspector |
substituted by 49/2017 s 5(12) |
18.12.2017 |
|
intoxicated |
inserted by 52/2013 s 5(3) |
5.12.2013 |
|
licence fee |
deleted by 49/1998 s 3 |
8.10.1998 |
|
licence period |
deleted by 49/1998 s 3 |
8.10.1998 |
|
licensed person or licensee |
amended by 49/2017 s 5(13) |
18.11.2019 |
|
liquor merchant |
amended by 49/2017 s 5(14) |
18.11.2019 |
|
live entertainment |
deleted by 49/2017 s 5(15) |
18.11.2019 |
|
lodger |
deleted by 49/2017 s 5(15) |
18.11.2019 |
|
low alcohol liquor |
deleted by 49/1998 s 3 |
8.10.1998 |
|
manager |
deleted by 2/1998 s 3 |
19.3.1998 |
|
minor |
inserted by 49/2017 s 5(16) |
18.12.2017 |
|
offensive or disorderly |
inserted by 40/2011 s 4(4) |
5.3.2012 |
|
party |
amended by 49/2017 s 5(17) |
18.11.2019 |
|
police officer |
deleted by 2/2002 Sch |
8.8.2002 |
|
position of authority in a trust or corporate entity |
inserted by 49/2017 s 5(18) |
18.12.2017 |
|
premises |
amended by 49/2017 s 5(19), (20) |
18.12.2017 |
|
producer's event endorsement |
inserted by 61/2009 s 4(2) |
3.5.2010 |
|
|
deleted by 49/2017 s 5(21) |
18.11.2019 |
|
production and sales event endorsement |
inserted by 49/2017 s 5(21) |
18.11.2019 |
|
production outlet |
inserted by 61/2009 s 4(2) |
3.5.2010 |
|
|
amended by 49/2017 s 5(22) |
18.11.2019 |
|
public conveyance |
amended by 35/2000 s 2(a) |
6.7.2000 |
|
public interest |
inserted by 52/2013 s 5(2) |
14.11.2013 |
|
public order and safety |
inserted by 40/2011 s 4(5) |
5.3.2012 |
|
public order and safety notice |
inserted by 40/2011 s 4(5) |
5.3.2012 |
|
record |
inserted by 49/2017 s 5(23) |
18.12.2017 |
|
records |
deleted by 49/2017 s 5(23) |
18.12.2017 |
|
regulated premises |
amended by 35/2000 s 2(b), (c) |
6.7.2000 |
|
related body corporate |
amended by 2/2002 Sch |
8.8.2002 |
|
relevant assessment period |
deleted by 49/1998 s 3 |
8.10.1998 |
|
resident |
inserted by 49/2017 s 5(24) |
18.11.2019 |
|
responsible person |
inserted by 55/2000 s 3(b) |
1.9.2000 |
|
retail licence |
deleted by 49/2017 s 5(25) |
18.11.2019 |
|
retail outlet |
inserted by 61/2009 s 4(3) |
3.5.2010 |
|
|
amended by 49/2017 s 5(26) |
18.11.2019 |
|
sample |
inserted by 61/2009 s 4(3) |
3.5.2010 |
|
spouse |
inserted by 49/2017 s 5(27) |
18.12.2017 |
|
wholesale outlet |
inserted by 49/2017 s 5(28) |
18.11.2019 |
|
|
|
|
|
amended by 49/2017 s 6(1), (2) |
18.11.2019 |
|
|
amended by 55/2000 s 4 |
1.9.2000 |
|
|
|
amended by 49/2017 s 6(3) |
18.11.2019 |
|
|
|
|
|
s 7 amended by 2/2002 Sch |
8.8.2002 |
|
|
|
s 7 amended and redesignated as s 7(1) by 34/2002
s 21(a)—(c) |
1.8.2003 |
|
|
amended by 43/2006 s 148(1) |
1.6.2007 |
|
|
amended by 44/2019 s 137(1), (2) |
3.12.2020 |
|
inserted by 34/2002 s 21(c) |
1.8.2003 |
|
|
|
amended by 43/2006 s 148(2) |
1.6.2007 |
|
|
amended by 44/2019 s 137(3) |
3.12.2020 |
|
domestic partner |
inserted by 43/2006 s 148(3) |
1.6.2007 |
|
|
deleted by 49/2017 s 7(1) |
18.11.2019 |
|
spouse |
inserted by 43/2006 s 148(4) |
1.6.2007 |
|
|
deleted by 49/2017 s 7(2) |
18.11.2019 |
|
substantial holding |
inserted by 44/2019 s 137(4) |
3.12.2020 |
|
inserted by 28/2019 s 4 |
18.11.2019 |
|
|
Pt 2 |
|
|
|
Pt 2 Div 1 |
|
|
|
|
|
|
|
amended by 18/2001 s 43 |
1.10.2001 |
|
|
substituted by 84/2009 s 199 |
1.2.2010 |
|
|
|
|
|
|
amended by 35/2018 s 112(1) |
1.12.2018 |
|
|
amended by 35/2018 s 112(2) |
1.12.2018 |
|
|
|
|
|
|
amended by 35/2018 s 113 |
1.12.2018 |
|
|
inserted by 49/2017 s 8 |
18.12.2017 |
|
|
inserted by 61/2009 s 5 |
26.11.2011 |
|
|
amended by 40/2011 s 5(1) |
5.3.2012 |
|
|
|
substituted by 52/2013 s 6(1) |
1.11.2013 |
|
inserted by 49/2017 s 9 |
18.11.2019 |
|
|
substituted by 40/2011 s 5(2) |
5.3.2012 |
|
|
inserted by 28/2019 s 5 |
18.11.2019 |
|
|
inserted by 52/2013 s 6(2) |
1.11.2013 |
|
|
inserted by 52/2013 s 6(3) |
1.11.2013 |
|
|
inserted by 52/2013 s 7 |
14.11.2013 |
|
|
inserted by 14/2016 Sch 6 cl 19 |
31.7.2020 |
|
|
Pt 2 Div 2 |
|
|
|
inserted by 40/2011 s 6 |
30.1.2012 |
|
|
|
|
|
|
s 15(3)—(6) |
inserted by 40/2011 s 7 |
30.1.2012 |
|
inserted by 40/2011 s 7 |
30.1.2012 |
|
|
|
amended by 21/2019 s 15 |
19.9.2019 |
|
inserted by 49/2017 s 10 |
18.11.2019 |
|
|
inserted by 40/2011 s 8 |
30.1.2012 |
|
|
Pt 2 Div 3 |
|
|
|
s 17 before substitution by 49/2017 |
|
|
|
s 17 amended and redesignated as s 17(1) by 22/2005
s 26(1), (2) |
8.12.2005 |
|
|
|
amended by 3/2013 s 4(1) |
26.4.2013 |
|
inserted by 3/2013 s 4(2) |
26.4.2013 |
|
|
inserted by 22/2005 s 26(2) |
8.12.2005 |
|
|
substituted by 49/2017 s 11 |
18.11.2019 |
|
|
Pt 2 Div 4 |
|
|
|
|
|
|
|
amended by 17/2006 s 158 |
4.9.2006 |
|
|
|
amended by 49/2017 s 12(1)—(3) |
18.11.2019 |
|
amended by 49/2017 s 12(4) |
18.11.2019 |
|
|
|
|
|
|
26.4.2013 |
||
|
|
amended by 49/2017 s 13 |
18.11.2019 |
|
inserted by 3/2013 s 5 |
26.4.2013 |
|
|
s 22 before substitution by 49/2017 |
|
|
|
s 22(2a) and (2b) |
inserted by 3/2013 s 6 |
26.4.2013 |
|
amended by 49/1998 s 4 |
8.10.1998 |
|
|
substituted by 49/2017 s 14 |
18.11.2019 |
|
|
amended by 19/2020 s 3 |
25.6.2020 |
|
|
Pt 2 Div 5 |
|
|
|
inserted by 40/2011 s 9 |
30.1.2012 |
|
|
|
|
|
|
inserted by 40/2011 s 10(1) |
30.1.2012 |
|
|
amended by 40/2011 s 10(2) |
30.1.2012 |
|
|
(b) deleted by 49/2017 s 15 |
18.11.2019 |
|
|
inserted by 40/2011 s 11 |
30.1.2012 |
|
|
inserted by 49/2017 s 16 |
18.12.2017 |
|
|
|
|
|
|
amended by 17/2006 s 159 |
4.9.2006 |
|
|
inserted by 49/2017 s 17 |
18.11.2019 |
|
|
substituted by 49/2017 s 18 |
18.12.2017 |
|
|
|
|
|
|
amended by 17/2006 s 160 |
4.9.2006 |
|
|
|
amended by 45/2019 Sch 1 cl 55(1) |
1.1.2021 |
|
amended by 45/2019 Sch 1 cl 55(2) |
1.1.2021 |
|
|
amended by 45/2019 Sch 1 cl 55(1) |
1.1.2021 |
|
|
s 28 before substitution by 45/2019 |
|
|
|
amended by 17/2006 s 161(1) |
4.9.2006 |
|
|
amended by 17/2006 s 161(2) |
4.9.2006 |
|
|
substituted by 45/2019 Sch 1 cl 56 |
1.1.2021 |
|
|
Pt 2 Div 5A |
inserted by 49/2017 s 19 |
18.11.2019 |
|
Pt 2 Div 6 |
inserted by 22/2005 s 27 |
8.12.2005 |
|
|
|
|
|
substituted by 48/2008 s 5(1) |
1.3.2009 |
|
|
amended by 49/2017 s 20(1) |
18.11.2019 |
|
|
inserted by 40/2011 s 12 |
5.3.2012 |
|
|
amended by 49/2017 s 20(2)—(5) |
18.11.2019 |
|
|
substituted by 48/2008 s 5(2) |
1.3.2009 |
|
|
inserted by 48/2008 s 5(2) |
1.3.2009 |
|
|
|
substituted by 19/2012 s 9(1) |
12.7.2012 |
|
s 28A(5b)—(5e) |
inserted by 48/2008 s 5(2) |
1.3.2009 |
|
|
deleted by 19/2012 s 9(1) |
12.7.2012 |
|
inserted by 48/2008 s 5(2) |
4.12.2010 |
|
|
|
deleted by 19/2012 s 9(1) |
12.7.2012 |
|
s 28A(5g) and (5h) |
inserted by 48/2008 s 5(2) |
1.3.2009 |
|
|
deleted by 19/2012 s 9(1) |
12.7.2012 |
|
inserted by 48/2008 s 5(3) |
1.3.2009 |
|
|
|
deleted by 19/2012 s 9(2) |
12.7.2012 |
|
Pt 3 Div 1 |
|
|
|
|
|
|
|
5.3.2012 |
||
|
|
18.12.2017 |
|
|
|
13.12.2020 |
|
|
s 29(2)—(4) |
inserted by 40/2018 Sch 1 cl 3 |
13.12.2020 |
|
amended by 52/2013 s 8 |
16.1.2014 |
|
|
Pt 3 Div 2 before substitution by 49/2017 |
|
|
|
|
|
|
|
amended by 40/2011 s 14 |
5.3.2012 |
|
|
|
amended by 52/2013 s 9 |
14.11.2013 |
|
amended by 55/2000 s 5 |
1.9.2000 |
|
|
|
amended by 3/2013 s 7 |
26.4.2013 |
|
|
|
|
|
amended by 55/2000 s 6 |
1.9.2000 |
|
|
|
substituted by 40/2011 s 15 |
5.3.2012 |
|
|
amended by 52/2013 s 10(1) |
14.11.2013 |
|
amended by 52/2013 s 10(2) |
14.11.2013 |
|
|
|
|
|
|
amended by 40/2011 s 16 |
5.3.2012 |
|
|
|
amended by 52/2013 s 11 |
14.11.2013 |
|
|
|
|
|
amended by 40/2011 s 17 |
5.3.2012 |
|
|
|
amended by 52/2013 s 12 |
14.11.2013 |
|
substituted by 55/2000 s 7 |
1.9.2000 |
|
|
|
|
|
|
amended by 55/2000 s 8 |
1.9.2000 |
|
|
|
amended by 3/2004 s 5(1) |
25.3.2004 |
|
|
substituted by 40/2011 s 18 |
5.3.2012 |
|
|
amended by 52/2013 s 13 |
14.11.2013 |
|
amended by 3/2004 s 5(2) |
25.3.2004 |
|
|
|
|
|
|
amended by 55/2000 s 9 |
1.9.2000 |
|
|
|
substituted by 40/2011 s 19(1) |
5.3.2012 |
|
|
amended by 52/2013 s 14 |
14.11.2013 |
|
deleted by 40/2011 s 19(2) |
5.3.2012 |
|
|
inserted by 2/1998 s 4 |
19.3.1998 |
|
|
|
|
|
|
amended by 55/2000 s 10 |
1.9.2000 |
|
|
|
amended by 52/2013 s 15 |
14.11.2013 |
|
|
|
|
|
amended by 55/2000 s 11(a) |
1.9.2000 |
|
|
|
amended by 52/2013 s 16 |
14.11.2013 |
|
amended by 49/1998 s 5 |
8.10.1998 |
|
|
|
amended by 55/2000 s 11(b) |
1.9.2000 |
|
|
|
|
|
amended by 55/2000 s 12(a) |
1.9.2000 |
|
|
|
substituted by 61/2009 s 6(1) |
3.5.2010 |
|
|
amended by 52/2013 s 17(1) |
14.11.2013 |
|
s 39(1a)—(1f) |
inserted by 61/2009 s 6(1) |
3.5.2010 |
|
amended by 55/2000 s 12(b) |
1.9.2000 |
|
|
|
amended by 61/2009 s 6(2) |
3.5.2010 |
|
substituted by 61/2009 s 6(3) |
3.5.2010 |
|
|
inserted by 61/2009 s 6(3) |
3.5.2010 |
|
|
production of liquor |
inserted by 40/2011 s 20 |
5.3.2012 |
|
wine region |
amended by 52/2013 s 17(2) |
14.11.2013 |
|
s 39A |
inserted by 55/2000 s 13 |
1.9.2000 |
|
s 39A(1) |
amended by 52/2013 s 18 |
14.11.2013 |
|
|
|
|
|
substituted by 40/2011 s 21(1) |
5.3.2012 |
|
|
|
amended by 52/2013 s 19 |
14.11.2013 |
|
inserted by 55/2000 s 14 |
1.9.2000 |
|
|
inserted by 40/2011 s 21(2) |
5.3.2012 |
|
|
s 40A |
inserted by 3/2013 s 8 |
26.4.2013 |
|
s 40A(1) |
amended by 52/2013 s 20 |
14.11.2013 |
|
|
|
|
|
substituted by 35/2000 s 3 |
6.7.2000 |
|
|
|
amended by 52/2013 s 21 |
14.11.2013 |
|
inserted by 40/2011 s 22 |
5.3.2012 |
|
|
Pt 3 Div 2 |
substituted by 49/2017 s 22 |
18.11.2019 |
|
Pt 3 Div 2 Subdiv 1 |
|
|
|
|
|
|
|
inserted by 28/2019 s 6 |
22.10.2021 |
|
|
Pt 3 Div 2 Subdiv 2 |
|
|
|
amended by 28/2019 s 7 |
18.11.2019 |
|
|
amended by 28/2019 s 8 |
18.11.2019 |
|
|
|
|
|
|
amended by 28/2019 s 9 |
18.11.2019 |
|
|
|
|
|
|
amended by 28/2019 s 10 |
18.11.2019 |
|
|
|
|
|
|
amended by 28/2019 s 11 |
18.11.2019 |
|
|
|
amended by 19/2020 s 4(1) |
25.6.2020 |
|
amended by 19/2020 s 4(2) |
25.6.2020 |
|
|
inserted by 19/2020 s 4(3) |
25.6.2020 |
|
|
inserted by 19/2020 s 4(4) |
25.6.2020 |
|
|
Pt 3 Div 2 Subdiv 3 |
|
|
|
|
|
|
|
amended by 28/2019 s 12 |
18.11.2019 |
|
|
Pt 3 Div 2 Subdiv 4 |
inserted by 28/2019 s 13 |
22.10.2021 |
|
Pt 3 Div 3 |
|
|
|
|
|
|
|
substituted by 61/2009 s 7 |
26.11.2011 |
|
|
|
amended by 40/2011 s 23 |
5.3.2012 |
|
inserted by 49/2017 s 23(1) |
18.11.2019 |
|
|
s 42(1b) and (1c) |
inserted by 28/2019 s 14(1) |
18.11.2019 |
|
amended by 55/2000 s 15 |
1.9.2000 |
|
|
|
amended by 49/2017 s 23(2) |
18.11.2019 |
|
|
amended by 28/2019 s 14(2) |
22.10.2021 |
|
inserted by 49/2017 s 24 |
18.12.2017 |
|
|
s 43 before substitution by 49/2017 |
|
|
|
amended by 49/1998 s 6 |
8.10.1998 |
|
|
|
amended by 55/2000 s 16 |
1.9.2000 |
|
|
substituted by 52/2013 s 22(1) |
14.11.2013 |
|
amended by 52/2013 s 22(2), (3) |
14.11.2013 |
|
|
deleted by 52/2013 s 22(4) |
14.11.2013 |
|
|
inserted by 40/2011 s 24 |
5.3.2012 |
|
|
|
amended by 52/2013 s 22(5) |
14.11.2013 |
|
substituted by 49/2017 s 25 |
18.11.2019 |
|
|
amended by 28/2019 s 15(1) |
18.11.2019 |
|
|
inserted by 28/2019 s 15(2) |
18.11.2019 |
|
|
s 44 before deletion by 29/2018 |
|
|
|
s 44(1) |
amended by 40/2011 s 25(1) |
5.3.2012 |
|
s 44(2) |
amended by 3/2004 s 6(1) |
25.3.2004 |
|
s 44(4) |
(a) deleted by 3/2004 s 6(2) |
25.3.2004 |
|
|
deleted by 40/2011 s 25(2) |
5.3.2012 |
|
s 44 |
deleted by 29/2018 s 6 |
18.11.2019 |
|
|
|
|
|
amended by 55/2000 s 17 |
1.9.2000 |
|
|
|
amended by 61/2009 s 8 |
3.5.2010 |
|
|
amended by 40/2011 s 26 |
5.3.2012 |
|
|
amended by 49/2017 s 26 |
18.11.2019 |
|
|
s 45 amended and redesignated as s 45(1) by 28/2019
s 16(1)—(3) |
18.11.2019 |
|
inserted by 28/2019 s 16(3) |
18.11.2019 |
|
|
|
|
|
|
amended by 40/2011 s 27(1) |
5.3.2012 |
|
|
amended by 40/2011 s 27(2) |
5.3.2012 |
|
|
|
|
|
|
substituted by 49/1998 s 7(a) |
8.10.1998 |
|
|
deleted by 49/1998 s 7(a) |
8.10.1998 |
|
|
amended by 49/1998 s 7(b) |
8.10.1998 |
|
|
|
amended by 61/2009 s 9 |
3.5.2010 |
|
|
amended by 49/2017 s 27(1)—(3) |
18.11.2019 |
|
s 49 before deletion by 49/2017 |
|
|
|
s 49(1) |
amended by 52/2013 s 23 |
14.11.2013 |
|
s 49 |
deleted by 49/2017 s 28 |
18.11.2019 |
|
inserted by 31/2011 s 11 |
3.5.2012 |
|
|
amended by 49/2017 s 29(1) |
18.11.2019 |
|
|
amended by 49/2017 s 29(2) |
18.11.2019 |
|
|
inserted by 49/2017 s 29(3) |
18.11.2019 |
|
|
inserted by 49/2017 s 29(3) |
18.11.2019 |
|
|
|
amended by 28/2019 s 17(1) |
18.11.2019 |
|
s 50A(5c) and (5d) |
inserted by 49/2017 s 29(3) |
18.11.2019 |
|
amended by 49/2017 s 29(4) |
18.11.2019 |
|
|
|
deleted by 28/2019 s 17(2) |
18.11.2019 |
|
inserted by 28/2019 s 18 |
18.11.2019 |
|
|
Pt 4 |
|
|
|
heading |
amended by 49/2017 s 30 |
18.11.2019 |
|
Pt 4 Div 1 |
|
|
|
|
|
|
|
amended by 61/2009 s 10 |
3.5.2010 |
|
|
amended by 49/2017 s 31(1), (2) |
18.11.2019 |
|
|
amended by 49/2017 s 31(3) |
18.11.2019 |
|
|
inserted by 22/2005 s 28 |
8.12.2005 |
|
|
amended by 49/2017 s 32(1) |
18.11.2019 |
|
|
substituted by 49/2017 s 32(2) |
18.11.2019 |
|
|
inserted by 49/2017 s 32(2) |
18.11.2019 |
|
|
amended by 49/2017 s 32(3) |
18.11.2019 |
|
|
|
|
|
|
amended by 37/2015 s 4 |
20.12.2015 |
|
|
|
amended by 49/2017 s 33(1) |
18.11.2019 |
|
|
(d) deleted by 49/2017 s 33(2) |
18.11.2019 |
|
|
amended by 28/2019 s 19(1), (2) |
18.11.2019 |
|
substituted by 49/2017 s 33(3) |
18.12.2017 |
|
|
inserted by 49/2017 s 33(3) |
18.12.2017 |
|
|
inserted by 49/2017 s 33(4) |
18.12.2017 |
|
|
inserted by 61/2009 s 11 |
3.5.2010 |
|
|
inserted by 61/2009 s 12 |
3.5.2010 |
|
|
amended by 28/2019 s 20 |
18.11.2019 |
|
|
amended by 49/2017 s 34 |
18.11.2019 |
|
|
Pt 4 Div 2 |
|
|
|
|
|
|
|
inserted by 3/2013 s 9 |
26.4.2013 |
|
|
inserted by 22/2005 s 29 |
8.12.2005 |
|
|
inserted by 49/2017 s 35(1) |
18.11.2019 |
|
|
amended by 49/2017 s 35(2) |
18.11.2019 |
|
|
inserted by 2/2002 s 4 |
8.8.2002 |
|
|
amended by 31/2011 s 12 |
3.5.2012 |
|
|
s 53(4) and (5) |
inserted by 3/2004 s 7 |
25.3.2004 |
|
inserted by 3/2004 s 7 |
25.3.2004 |
|
|
|
amended by 49/2017 s 35(3)—(5) |
18.11.2019 |
|
inserted by 49/2017 s 36 |
18.11.2019 |
|
|
|
|
|
|
s 55(a1) and (a2) |
inserted by 49/2017 s 37(1) |
18.11.2019 |
|
substituted by 22/2005 s 30(1) |
8.12.2005 |
|
|
|
amended by 49/2017 s 37(2) |
18.11.2019 |
|
inserted by 22/2005 s 30(2) |
8.12.2005 |
|
|
s 55(4)—(6) |
inserted by 49/2017 s 37(3) |
18.11.2019 |
|
Pt 4 Div 3 |
|
|
|
|
|
|
|
s 56(1a) and (1b) |
inserted by 49/2017 s 38(1) |
18.11.2019 |
|
amended by 49/2017 s 38(2) |
18.11.2019 |
|
|
|
|
|
|
amended by 55/2000 s 18(a), (b) |
1.9.2000 |
|
|
inserted by 37/2015 s 5 |
20.12.2015 |
|
|
|
amended by 49/2017 s 39(1) |
18.12.2017 |
|
inserted by 55/2000 s 18(c) |
1.9.2000 |
|
|
|
amended by 49/2017 s 39(2) |
18.11.2019 |
|
s 58 |
deleted by 49/2017 s 40 |
18.11.2019 |
|
|
|
|
|
substituted by 55/2000 s 19 |
1.9.2000 |
|
|
|
substituted by 52/2007 s 4 |
13.12.2007 |
|
inserted by 31/2011 s 13 |
3.5.2012 |
|
|
deleted by 49/2017 s 41(1) |
18.11.2019 |
|
|
amended by 49/2017 s 41(2) |
18.11.2019 |
|
|
Pt 4 Div 4 |
|
|
|
|
|
|
|
amended by 55/2000 s 20(a), (b) |
1.9.2000 |
|
|
inserted by 55/2000 s 20(c) |
1.9.2000 |
|
|
|
amended by 49/2017 s 42 |
18.11.2019 |
|
s 61 before deletion by 49/2017 |
|
|
|
s 61(1) |
amended by 2/2002 s 5 |
8.8.2002 |
|
s 61(2) |
amended by 55/2000 s 21 |
1.9.2000 |
|
s 61 |
deleted by 49/2017 s 43 |
18.11.2019 |
|
|
|
|
|
substituted by 55/2000 s 22 |
1.9.2000 |
|
|
|
substituted by 52/2007 s 5 |
13.12.2007 |
|
inserted by 61/2009 s 13 |
3.5.2010 |
|
|
|
amended by 49/2017 s 44 |
18.11.2019 |
|
Pt 4 Div 4A |
inserted by 61/2009 s 14 |
3.5.2010 |
|
heading |
amended by 49/2017 s 45 |
18.11.2019 |
|
|
|
|
|
s 62B(1) and (2) |
amended by 49/2017 s 46(1), (2) |
18.11.2019 |
|
amended by 49/2017 s 46(1)—(3) |
18.11.2019 |
|
|
|
|
|
|
amended by 49/2017 s 47(1), (2) |
18.11.2019 |
|
|
|
|
|
|
amended by 49/2017 s 48 |
18.11.2019 |
|
|
Pt 4 Div 5 |
|
|
|
|
|
|
|
deleted by 49/1998 s 8 |
8.10.1998 |
|
|
Pt 4 Div 5A |
inserted by 49/2017 s 49 |
18.11.2019 |
|
|
|
|
|
amended by 28/2019 s 21(1), (2) |
18.11.2019 |
|
|
Pt 4 Div 7 |
|
|
|
|
|
|
|
amended by 61/2009 s 15 |
3.5.2010 |
|
|
|
(c) deleted by 49/2017 s 50(1) |
18.11.2019 |
|
|
amended by 49/2017 s 50(2) |
18.11.2019 |
|
|
|
|
|
amended by 49/2017 s 51(1) |
18.11.2019 |
|
|
s 69(4) and (5) |
inserted by 49/2017 s 51(2) |
18.11.2019 |
|
Pt 4 Div 8A |
inserted by 61/2009 s 16 |
3.5.2010 |
|
|
substituted by 49/2017 s 52 |
18.11.2019 |
|
Pt 4 Div 10 |
|
|
|
|
|
|
|
amended by 55/2000 s 23(a) |
1.9.2000 |
|
|
|
amended by 52/2013 s 24 |
16.1.2014 |
|
|
amended by 49/2017 s 53(1) |
18.12.2017 |
|
inserted by 2/1998 s 5 |
19.3.1998 |
|
|
|
deleted by 49/2017 s 53(2) |
18.11.2019 |
|
amended by 55/2000 s 23(b) |
1.9.2000 |
|
|
deleted by 55/2000 s 23(c) |
1.9.2000 |
|
|
s 71(5) and (6) |
inserted by 49/2017 s 53(3) |
18.12.2017 |
|
Pt 4 Div 10A before deletion by 49/2017 |
inserted by 22/2005 s 31 |
8.12.2005 |
|
inserted by 49/2017 s 54 |
18.12.2017 |
|
|
Pt 4 Div 10A |
deleted by 49/2017 s 55 |
18.11.2019 |
|
Pt 4 Div 12 |
|
|
|
|
|
|
|
deleted by 49/1998 s 9 |
8.10.1998 |
|
|
Pt 4 Div 13 before substitution by 49/2017 |
|
|
|
s 75A |
inserted by 22/2005 s 32 |
8.12.2005 |
|
|
|
|
|
deleted by 22/2005 s 33 |
8.12.2005 |
|
|
inserted by 14/2016 Sch 6 cl 20 |
uncommenced—not incorporated |
|
|
inserted by 3/2013 s 10 |
26.4.2013 |
|
|
|
|
|
|
inserted by 3/2013 s 11 |
26.4.2013 |
|
|
amended by 22/2005 s 34 |
8.12.2005 |
|
|
amended by 55/2000 s 24 |
1.9.2000 |
|
|
|
amended by 2/2002 s 6 |
8.8.2002 |
|
inserted by 37/2015 s 6 |
20.12.2015 |
|
|
s 77A |
inserted by 3/2013 s 12 |
26.4.2013 |
|
Pt 4 Div 13 |
substituted by 49/2017 s 56 |
18.11.2019 |
|
Pt 5 |
deleted by 49/1998 s 10 |
8.10.1998 |
|
Pt 6 |
|
|
|
Pt 6 Div 1 |
|
|
|
substituted by 2/1998 s 6 |
19.3.1998 |
|
|
amended by 55/2000 s 25(a), (b) |
1.9.2000 |
|
|
|
(a)(iii) deleted by 55/2000 s 25(c) |
1.9.2000 |
|
|
amended by 52/2013 s 25 |
16.1.2014 |
|
inserted by 55/2000 s 25(d) |
1.9.2000 |
|
|
amended by 49/2017 s 57(1) |
18.11.2019 |
|
|
deleted by 49/2017 s 57(2) |
18.11.2019 |
|
|
amended by 49/2017 s 57(3) |
24.9.2018 |
|
|
substituted by 55/2000 s 25(e) |
1.9.2000 |
|
|
|
amended by 61/2009 s 17 |
3.5.2010 |
|
s 97(6) and (7) |
deleted by 55/2000 s 25(e) |
1.9.2000 |
|
inserted by 49/2017 s 58 |
24.9.2018 |
|
|
|
|
|
|
amended by 2/1998 s 7 |
19.3.1998 |
|
|
|
amended by 49/2017 s 59 |
18.11.2019 |
|
Pt 6 Div 2 |
|
|
|
|
|
|
|
amended by 49/2017 s 60 |
18.11.2019 |
|
|
Pt 6 Div 3 |
|
|
|
heading |
amended by 49/2017 s 61 |
18.11.2019 |
|
|
|
|
|
amended by 49/2017 s 62(1)—(7) |
18.11.2019 |
|
|
amended by 61/2009 s 18 |
3.5.2010 |
|
|
|
amended by 40/2011 s 28 |
5.3.2012 |
|
|
amended by 49/2017 s 62(8) |
18.11.2019 |
|
|
|
|
|
amended by 49/2017 s 63(1), (2) |
18.11.2019 |
|
|
amended by 49/2017 s 63(3), (4) |
18.11.2019 |
|
|
amended by 61/2009 s 19 |
3.5.2010 |
|
|
|
amended by 40/2011 s 29 |
5.3.2012 |
|
|
|
|
|
amended by 61/2009 s 20 |
3.5.2010 |
|
|
|
|
|
|
amended by 61/2009 s 21 |
3.5.2010 |
|
|
amended by 40/2011 s 30 |
5.3.2012 |
|
|
|
amended by 49/2017 s 64(1) |
18.11.2019 |
|
amended by 55/2000 s 26 |
1.9.2000 |
|
|
|
amended by 49/2017 s 64(2)—(5) |
18.11.2019 |
|
amended by 61/2009 s 22 |
3.5.2010 |
|
|
Pt 6 Div 5 |
|
|
|
heading |
substituted by 49/2017 s 65 |
18.12.2017 |
|
s 105 before substitution by 37/2015 |
|
|
|
substituted by 61/2009 s 23(1) |
3.5.2010 |
|
|
|
amended by 3/2013 s 13(1) |
26.4.2013 |
|
inserted by 3/2013 s 13(2) |
26.4.2013 |
|
|
amended by 61/2009 s 23(2) |
3.5.2010 |
|
|
|
amended by 40/2011 s 31 |
5.3.2012 |
|
substituted by 37/2015 s 7 |
20.12.2015 |
|
|
deleted by 49/2017 s 66(1) |
18.12.2017 |
|
|
amended by 49/2017 s 66(2) |
18.12.2017 |
|
|
Pt 6 Div 6 |
|
|
|
|
|
|
|
inserted by 2/2002 s 7(a) |
8.8.2002 |
|
|
amended by 2/2002 s 7(b) |
8.8.2002 |
|
|
substituted by 2/2002 s 7(c) |
8.8.2002 |
|
|
substituted by 2/2002 s 7(c) |
8.8.2002 |
|
|
|
amended by 5/2017 s 47 |
19.3.2021 |
|
inserted by 2/2002 s 7(c) |
8.8.2002 |
|
|
inserted by 55/2000 s 27 |
1.9.2000 |
|
|
Pt 6 Div 7 |
|
|
|
|
|
|
|
substituted by 55/2000 s 28 |
1.9.2000 |
|
|
Pt 6 Div 7A |
inserted by 49/2017 s 67 |
24.9.2018 |
|
|
|
|
|
amended by 28/2019 s 22(1) |
18.11.2019 |
|
|
amended by 28/2019 s 22(2) |
18.11.2019 |
|
|
Pt 6 Div 8 |
|
|
|
|
|
|
|
amended by 55/2000 s 29 |
1.9.2000 |
|
|
|
substituted by 61/2009 s 24(1) |
3.5.2010 |
|
|
amended by 40/2011 s 32 |
5.3.2012 |
|
|
substituted by 52/2013 s 26(1) |
5.12.2013 |
|
|
substituted by 49/2017 s 68(1) |
18.11.2019 |
|
inserted by 49/2017 s 68(1) |
18.11.2019 |
|
|
amended by 55/2000 s 29 |
1.9.2000 |
|
|
|
amended by 61/2009 s 24(2) |
3.5.2010 |
|
|
(a)(ii) deleted by 52/2013 s 26(2) |
5.12.2013 |
|
|
amended by 49/2017 s 68(2) |
18.11.2019 |
|
|
|
|
|
amended by 49/2017 s 69(1) |
18.11.2019 |
|
|
|
substituted by 28/2019 s 23 |
18.11.2019 |
|
inserted by 49/2017 s 69(2) |
18.11.2019 |
|
|
amended by 61/2009 s 25 |
3.5.2010 |
|
|
|
amended by 52/2013 s 27 |
14.11.2013 |
|
|
amended by 49/2017 s 69(3) |
18.11.2019 |
|
inserted by 49/1998 s 11 |
8.10.1998 |
|
|
amended by 28/2019 s 24 |
18.11.2019 |
|
|
inserted by 49/1998 s 11 |
8.10.1998 |
|
|
amended by 61/2009 s 26 |
3.5.2010 |
|
|
Pt 7 |
|
|
|
inserted by 49/2017 s 70 |
18.12.2017 |
|
|
|
|
|
|
amended by 55/2000 s 30(a), (b) |
1.9.2000 |
|
|
|
amended by 40/2011 s 33(1) |
5.3.2012 |
|
|
amended by 49/2017 s 71(1)—(3) |
18.12.2017 |
|
inserted by 55/2000 s 30(c) |
1.9.2000 |
|
|
|
amended by 40/2011 s 33(2) |
5.3.2012 |
|
|
amended by 49/2017 s 71(4) |
18.12.2017 |
|
amended by 40/2011 s 33(3) |
5.3.2012 |
|
|
|
amended by 49/2017 s 71(5) |
18.12.2017 |
|
s 110(2a) and (2b) |
inserted by 49/2017 s 71(6) |
18.12.2017 |
|
amended by 55/2000 s 30(d) |
1.9.2000 |
|
|
|
amended by 61/2009 s 27(1) |
3.5.2010 |
|
|
amended by 49/2017 s 71(7) |
18.12.2017 |
|
amended by 49/2017 s 71(8) |
18.12.2017 |
|
|
inserted by 49/2017 s 71(9) |
18.12.2017 |
|
|
amended by 55/2000 s 30(a) |
1.9.2000 |
|
|
|
amended by 57/2005 s 3 |
17.11.2005 |
|
|
amended by 61/2009 s 27(2) |
3.5.2010 |
|
inserted by 49/2017 s 72 |
18.12.2017 |
|
|
|
|
|
|
amended by 52/2013 s 28(1) |
16.1.2014 |
|
|
|
substituted by 49/2017 s 73(1) |
18.11.2019 |
|
inserted by 49/2017 s 73(1) |
18.11.2019 |
|
|
amended by 52/2013 s 28(2), (3) |
16.1.2014 |
|
|
|
substituted by 49/2017 s 73(1) |
18.11.2019 |
|
amended by 55/2000 s 31 |
1.9.2000 |
|
|
|
amended by 37/2006 s 5 |
1.2.2007 |
|
|
amended by 52/2013 s 28(4) |
16.1.2014 |
|
deleted by 49/2017 s 73(2) |
18.11.2019 |
|
|
|
|
|
|
amended by 52/2013 s 29(1), (2) |
16.1.2014 |
|
|
|
substituted by 49/2017 s 74(1) |
18.11.2019 |
|
amended by 37/2006 s 6 |
1.2.2007 |
|
|
amended by 52/2013 s 29(3) |
16.1.2014 |
|
|
|
amended by 49/2017 s 74(2) |
18.11.2019 |
|
amended by 52/2013 s 29(4) |
16.1.2014 |
|
|
s 112(4a)—(4c) |
inserted by 49/2017 s 74(3) |
18.11.2019 |
|
amended by 52/2013 s 29(5) |
16.1.2014 |
|
|
|
substituted by 49/2017 s 74(4) |
18.11.2019 |
|
substituted by 49/2017 s 74(4) |
18.11.2019 |
|
|
s 113 before substitution by 49/2017 |
|
|
|
amended by 52/2013 s 30 |
16.1.2014 |
|
|
amended by 61/2009 s 28 |
3.5.2010 |
|
|
substituted by 49/2017 s 75 |
18.11.2019 |
|
|
inserted by 49/2017 s 76 |
18.11.2019 |
|
|
s 114 before deletion by 49/2017 |
|
|
|
s 114(3) |
substituted by 55/2000 s 32 |
1.9.2000 |
|
|
amended by 57/2005 s 4 |
17.11.2005 |
|
s 114 |
deleted by 49/2017 s 77 |
18.12.2017 |
|
|
|
|
|
amended by 37/2006 s 7(1), (2) |
1.2.2007 |
|
|
|
substituted by 49/2017 s 78(1) |
24.9.2018 |
|
|
amended by 28/2019 s 25 |
18.11.2019 |
|
amended by 49/2017 s 78(2) |
24.9.2018 |
|
|
|
|
|
|
prescribed person |
authorised person amended to read prescribed person by 37/2006
s 7(3) |
1.2.2007 |
|
|
amended by 49/2017 s 78(3) |
24.9.2018 |
|
|
amended by 29/2018 s 7 |
9.5.2019 |
|
|
(d) deleted by 29/2018 s 7 |
9.5.2019 |
|
inserted by 49/2017 s 79 |
24.9.2018 |
|
|
s 116 before substitution by 49/2017 |
|
|
|
s 116(3a) and (3b) |
inserted by 22/2005 s 35(1) |
8.12.2005 |
|
|
deleted by 37/2006 s 8(1) |
1.2.2007 |
|
|
|
|
|
authorised person |
amended by 55/2000 s 33 |
1.9.2000 |
|
|
amendment by 22/2005 s 35(2), (3) impliedly repealed by
37/2006 |
— |
|
|
deleted by 37/2006 s 8(2) |
1.2.2007 |
|
substituted by 49/2017 s 80 |
18.11.2019 |
|
|
s 117 |
deleted by 49/2017 s 81 |
18.12.2017 |
|
Pt 7A |
inserted by 40/2011 s 34 |
5.3.2012 |
|
heading |
substituted by 52/2013 s 31 |
14.11.2013 |
|
|
|
|
|
amended by 52/2013 s 32 |
14.11.2013 |
|
|
Pt 7B |
inserted by 19/2015 s 9 |
6.8.2015 |
|
Pt 8 |
|
|
|
|
|
|
|
8.12.2005 |
||
|
|
amended by 49/2017 s 82(1), (2) |
18.12.2017 |
|
inserted by 22/2005 s 36 |
8.12.2005 |
|
|
|
deleted by 49/2017 s 82(3) |
18.11.2019 |
|
|
|
|
|
amended by 55/2000 s 34(a) |
1.9.2000 |
|
|
|
amended by 22/2005 s 37(1), (2) |
8.12.2005 |
|
|
amended by 49/2017 s 83(1)—(5) |
18.11.2019 |
|
inserted by 52/2013 s 33 |
14.11.2013 |
|
|
deleted by 55/2000 s 34(b) |
1.9.2000 |
|
|
|
inserted by 22/2005 s 37(3) |
8.12.2005 |
|
inserted by 55/2000 s 35 |
1.9.2000 |
|
|
amended by 52/2013 s 34 |
14.11.2013 |
|
|
inserted by 49/2017 s 84 |
24.9.2018 |
|
|
|
|
|
|
amended by 22/2005 s 38(1) |
8.12.2005 |
|
|
inserted by 22/2005 s 38(2) |
8.12.2005 |
|
|
inserted by 40/2011 s 35 |
5.3.2012 |
|
|
inserted by 52/2013 s 35(1) |
14.11.2013 |
|
|
amended by 52/2013 s 35(2) |
14.11.2013 |
|
|
inserted by 52/2013 s 35(3) |
14.11.2013 |
|
|
amended by 52/2013 s 35(4) |
14.11.2013 |
|
|
s 120A(3)—(5) |
inserted by 52/2013 s 35(5) |
14.11.2013 |
|
|
|
|
|
amended by 52/2013 s 36(1) |
14.11.2013 |
|
|
amended by 3/2004 s 8 |
25.3.2004 |
|
|
substituted by 40/2011 s 36(1) |
5.3.2012 |
|
|
inserted by 40/2011 s 36(1) |
5.3.2012 |
|
|
inserted by 40/2011 s 36(2) |
5.3.2012 |
|
|
prescribed offence |
amended by 52/2013 s 36(2) |
5.12.2013 |
|
Pt 9 |
|
|
|
heading |
substituted by 40/2011 s 37 |
5.3.2012 |
|
Pt 9 Div 1 |
|
|
|
|
|
|
|
substituted by 52/2013 s 37 |
14.11.2013 |
|
|
deleted by 52/2013 s 37 |
14.11.2013 |
|
|
deleted by 49/1998 s 12 |
8.10.1998 |
|
|
Pt 9 Div 2 |
|
|
|
|
|
|
|
substituted by 61/2009 s 29(1) |
3.5.2010 |
|
|
|
(b) deleted by 52/2013 s 38(1) |
5.12.2013 |
|
s 124(1a) and (1b) |
inserted by 22/2005 s 39(1) |
8.12.2005 |
|
|
deleted by 37/2006 s 9(1) |
1.2.2007 |
|
amended by 55/2000 s 36 |
1.9.2000 |
|
|
|
substituted by 61/2009 s 29(1) |
3.5.2010 |
|
|
substituted by 52/2013 s 38(2) |
5.12.2013 |
|
inserted by 61/2009 s 29(1) |
3.5.2010 |
|
|
amended by 61/2009 s 29(2) |
3.5.2010 |
|
|
s 124(6) before deletion by 37/2006 |
|
|
|
authorised person |
amended by 55/2000 s 36 |
1.9.2000 |
|
|
amendment by 22/2005 s 39(2), (3) impliedly repealed by
37/2006 |
— |
|
deleted by 37/2006 s 9(2) |
1.2.2007 |
|
|
Pt 9 Div 3 |
|
|
|
Pt 9 Div 3 Subdiv 1 |
inserted by 48/2008 s 6 |
1.3.2009 |
|
substituted by 49/2017 s 85 |
24.9.2018 |
|
|
Pt 9 Div 3 Subdiv 2 |
heading inserted by 48/2008 s 6 |
1.3.2009 |
|
|
|
|
|
amended by 55/2000 s 37(a)—(c) |
1.9.2000 |
|
|
|
amended by 48/2008 s 7(1) |
1.3.2009 |
|
|
amended by 49/2017 s 86(1) |
24.9.2018 |
|
inserted by 48/2008 s 7(2) |
1.3.2009 |
|
|
amended by 48/2008 s 7(3) |
1.3.2009 |
|
|
|
amended by 49/2017 s 86(2) |
24.9.2018 |
|
amended by 55/2000 s 37(a) |
1.9.2000 |
|
|
amended by 55/2000 s 37(a) |
1.9.2000 |
|
|
|
amended by 48/2008 s 7(4) |
1.3.2009 |
|
|
amended by 49/2017 s 86(3) |
24.9.2018 |
|
inserted by 55/2000 s 37(d) |
1.9.2000 |
|
|
|
amended by 48/2009 s 7(5), (6) |
1.3.2009 |
|
inserted by 55/2000 s 37(d) |
1.9.2000 |
|
|
Pt 9 Div 3 Subdiv 3 |
inserted by 48/2008 s 8 |
1.3.2009 |
|
|
|
|
|
amended by 49/2017 s 87(1) |
24.9.2018 |
|
|
amended by 49/2017 s 87(2), (3) |
24.9.2018 |
|
|
|
(c) deleted by 49/2017 s 87(4) |
24.9.2018 |
|
|
|
|
|
senior police officer |
substituted by 49/2017 s 87(5) |
24.9.2018 |
|
|
|
|
|
amended by 49/2017 s 88 |
24.9.2018 |
|
|
Pt 9 Div 3 Subdiv 4 |
heading inserted by 48/2008 s 8 |
1.3.2009 |
|
inserted by 48/2008 s 8 |
1.3.2009 |
|
|
|
|
|
|
inserted by 48/2008 s 9 |
1.3.2009 |
|
|
|
|
|
|
s 127(2a) and (2b) |
inserted by 22/2005 s 40(1) |
8.12.2005 |
|
|
deleted by 37/2006 s 10 |
1.2.2007 |
|
s 127(3) before deletion by 37/2006 |
|
|
|
authorised person |
amended by 55/2000 s 38 |
1.9.2000 |
|
|
amendment by 22/2005 s 40(2), (3) impliedly repealed by
37/2006 |
— |
|
deleted by 37/2006 s 10 |
1.2.2007 |
|
|
|
|
|
|
amended by 48/2008 s 10(1) |
1.3.2009 |
|
|
inserted by 55/2000 s 39 |
1.9.2000 |
|
|
|
amended by 48/2008 s 10(2) |
1.3.2009 |
|
substituted by 55/2000 s 39 |
1.9.2000 |
|
|
|
substituted by 48/2008 s 10(3) |
1.3.2009 |
|
s 128(2a) and (2b) |
inserted by 48/2008 s 10(3) |
1.3.2009 |
|
substituted by 48/2008 s 10(4) |
1.3.2009 |
|
|
inserted by 48/2008 s 10(4) |
1.3.2009 |
|
|
inserted by 48/2008 s 11 |
1.3.2009 |
|
|
(b) deleted by 49/2017 s 89 |
24.9.2018 |
|
|
inserted by 49/2017 s 90 |
24.9.2018 |
|
|
Pt 9 Div 4 |
inserted by 40/2011 s 38 |
5.3.2012 |
|
|
|
|
|
amended by 52/2013 s 39(1), (2) |
14.11.2013 |
|
|
substituted by 52/2013 s 39(3) |
14.11.2013 |
|
|
inserted by 52/2013 s 39(4) |
14.11.2013 |
|
|
Pt 9A |
inserted by 49/2017 s 91 |
1.1.2019 |
|
Pt 10 |
|
|
|
|
|
|
|
amended by 49/2017 s 92(1) |
24.9.2018 |
|
|
amended by 49/2017 s 92(2) |
24.9.2018 |
|
|
|
|
|
|
substituted by 52/2013 s 40(1) |
5.1.2015 |
|
|
inserted by 52/2013 s 40(1) |
5.1.2015 |
|
|
s 131(1ab)—(1ad) |
inserted by 49/2017 s 93(1) |
24.9.2018 |
|
inserted by 52/2013 s 40(1) |
5.1.2015 |
|
|
|
amended by 49/2017 s 93(2) |
24.9.2018 |
|
inserted by 49/2017 s 93(3) |
24.9.2018 |
|
|
amended by 52/2013 s 40(2), (3) |
5.1.2015 |
|
|
|
amended by 49/2017 s 93(4) |
24.9.2018 |
|
inserted by 61/2009 s 30 |
3.5.2010 |
|
|
|
amended by 49/2017 s 93(5) |
24.9.2018 |
|
inserted by 52/2013 s 40(4) |
5.1.2015 |
|
|
Pt 10A |
inserted by 61/2009 s 31 |
3.5.2010 |
|
|
|
|
|
substituted by 32/2015 s 4 |
17.12.2015 |
|
|
Pt 11 |
|
|
|
s 131A before substitution by 61/2009 |
inserted by 22/2005 s 41 |
8.12.2005 |
|
deleted by 37/2006 s 11 |
1.2.2007 |
|
|
substituted by 61/2009 s 32 |
3.5.2010 |
|
|
amended by 49/2017 s 94 |
24.9.2018 |
|
|
(c) deleted by 52/2013 s 41(1) |
5.12.2013 |
|
|
|
amended by 52/2013 s 41(2) |
5.12.2013 |
|
amended by 55/2000 s 40 |
1.9.2000 |
|
|
|
|
|
|
s 134(1) and (2) |
deleted by 16/2013 s 64 |
17.6.2013 |
|
|
|
|
|
amended by 55/2000 s 41 |
1.9.2000 |
|
|
amended by 40/2011 s 39 |
5.3.2012 |
|
|
inserted by 49/2017 s 95 |
24.9.2018 |
|
|
|
|
|
|
amended by 40/2011 s 40(1) |
5.3.2012 |
|
|
amended by 40/2011 s 40(2) |
5.3.2012 |
|
|
|
amended by 49/2017 s 96(1) |
18.12.2017 |
|
inserted by 49/2017 s 96(2) |
24.9.2018 |
|
|
inserted by 40/2011 s 40(3) |
5.3.2012 |
|
|
s 137 |
deleted by 84/2009 s 200 |
1.2.2010 |
|
inserted by 22/2005 s 42 |
8.12.2005 |
|
|
inserted by 37/2006 s 12 |
1.2.2007 |
|
|
inserted by 49/2017 s 97 |
18.12.2017 |
|
|
|
|
|
|
inserted by 49/2017 s 98(1) |
18.12.2017 |
|
|
inserted by 35/2018 s 114 |
22.11.2018 |
|
|
inserted by 52/2013 s 42 |
1.11.2013 |
|
|
|
amended by 49/2017 s 98(2) |
18.12.2017 |
|
inserted by 49/2017 s 98(3) |
18.12.2017 |
|
|
amended by 55/2000 s 42 |
1.9.2000 |
|
|
inserted by 61/2009 s 33 |
3.5.2010 |
|
|
inserted by 40/2011 s 41 |
5.3.2012 |
|
|
|
substituted by 49/2017 s 98(4) |
18.12.2017 |
|
s 138(6) and (7) |
inserted by 49/2017 s 98(4) |
18.12.2017 |
|
Sch before deletion by 40/2011 |
|
|
|
cl 2 |
omitted under Legislation Revision and Publication
Act 2002 |
1.8.2003 |
|
cl 4 |
amended by 49/1998 s 13 |
8.10.1998 |
|
Sch |
deleted by 40/2011 s 42 |
5.3.2012 |
Transitional etc provisions associated with Act or
amendments
Liquor Licensing (Licence Fees) Amendment
Act 1998
14—Exclusion of liability to liquor licence fees on
and from 5 August 1997
Despite the provisions of the Liquor Licensing Act 1985, no
liability to licence fees is to be taken to have accrued under that Act in
respect of sales or purchases of liquor made on or after 5 August
1997.
Statutes Amendment (Liquor, Gambling and Security
Industries) Act 2005, Sch 1—Transitional
provisions
(1) An amendment to the Liquor Licensing Act 1997 effected by
a provision of this Act applies in respect of an application under that Act if
the application is determined after the commencement of that provision
irrespective of whether the application was lodged before or after that
commencement.
(2) An amendment to the Liquor Licensing Act 1997 effected by
a provision of this Act applies in respect of a licence or approval granted
under that Act, or a person licensed or approved under that Act, whether the
licence or approval was granted before or after the commencement of that
provision.
Liquor Licensing (Producers, Responsible Service and
Other Matters) Amendment Act 2009, Sch 1—Transitional
provisions
1—Certain existing special circumstances
licences
(1) If a special circumstances licence in force under the Liquor
Licensing Act 1997 immediately before the commencement of
section 6 of this Act authorises the licensee to sell the licensee's
product (within the meaning of section 39 of the Liquor Licensing
Act 1997) on the licensed premises at any time for consumption off the
licensed premises, the licence will lapse 2 years after that commencement unless
within that period the licensing authority, on application by the
licensee—
(a) converts the licence into a producer's licence; or
(b) confirms that the licence may continue in force as a special
circumstances licence.
(2) The licensing authority may not confirm that a licence may continue in
force as a special circumstances licence unless satisfied by the licensee
that—
(a) a producer's licence (either with or without an extended trading
authorisation) could not adequately cover the kind of business authorised by the
licensee's special circumstances licence; and
(b) the licensee's business would be substantially prejudiced if the
licensee's trading rights were limited to those possible under a producer's
licence.
Liquor Licensing (Miscellaneous) Amendment
Act 2011, Sch 1—Transitional provisions
1—Amendments apply to existing licences, approvals
and authorisations
(1) An amendment to the Liquor Licensing Act 1997 effected by
a provision of this Act applies in respect of a licence, approval or extended
trading authorisation granted under that Act, or the holder of a licence,
approval or authorisation under that Act, whether the licence, approval or
authorisation was granted before or after the commencement of that provision
(and any existing licence, approval or authorisation is taken to be modified
accordingly).
(2) However, the trading rights under a special circumstances licence in
respect of which a decision was made under clause 3(10)(b) of the Schedule of
the Liquor Licensing Act 1997 as in force before its repeal by this
Act are not diminished by reason of subclause (1) and to the extent that an
extended trading authorisation or other special licence condition would be
required to replicate those trading rights, the licence will, on the
commencement of this clause, be taken to include such an authorisation or
condition.
2—Issue of replacement licence, approval or
authorisation
The Commissioner may issue to the holder of a licence, approval or extended
trading authorisation under the Liquor Licensing Act 1997 in force
immediately before the commencement of a provision of this Act a replacement
copy of the licence, approval or authorisation in order to take account of
modifications effected by the provision or, in the case of a licence, to include
on the licence a statement of the trading hours or the classification of the
licence for the purposes of the Commissioner's codes of practice.
3—Consequential modification of gaming machine
licence
The Commissioner must, in relation to each gaming machine licence that is
in force under the Gaming Machines Act 1992 at the commencement of
this clause, vary the condition fixing the hours during which gaming operations
may be conducted on the licensed premises to such extent (if any) as is
necessary to ensure the hours are not outside the hours during which the
licensed premises are authorised to be open for the sale of liquor.
Statutes Amendment (Budget 2011)
Act 2011
15—Transitional provision
(1) The regulations first made under section 50A as inserted in the
Liquor Licensing Act 1997 by this Act may provide—
(a) for the first annual fee period to be longer or shorter than
12 months; and
(b) for the payment of 2 fees within the first 12 months (so that
licensees have a longer period within which to make the first payment);
and
(c) for the first annual fee period to commence at any time on or after
1 July 2011.
(2) If, after the day on which this Act is assented to by the Governor and
before the day fixed by the Commissioner for the payment of the first annual
fee, an application is made under the Liquor Licensing Act 1997 for
a reduction in trading hours authorised by a licence so that, following the
reduction, the licence authorises only the hours during which it is proposed the
licensed premises will be open for trade—
(a) no fee is payable for the application; and
(b) section 52 of the Liquor Licensing Act 1997 does not apply
to the application.
Liquor Licensing (Miscellaneous) Amendment
Act 2013, Sch 1—Transitional provisions
1—Responsible persons
(1) Subject to this
clause, a person who was, immediately before the commencement of this clause,
approved as a responsible person for the business conducted under a particular
licence in accordance with section 71 of the Liquor Licensing
Act 1997 (as in force before the commencement of this clause) will be
taken to be approved as a responsible person under section 71 of that Act,
as amended by this Act.
Note—
A natural person may be a responsible person in respect of any licensed
premises pursuant to section 71, as amended.
(2) Subject to the Liquor Licensing Act 1997, an approval
contemplated by subclause (1) will be taken to be subject to any
conditions, or suspension, that applied to the approval immediately before the
commencement of this clause.
(3) Nothing in this clause operates to revive an approval that was revoked
under the Liquor Licensing Act 1997 (as in force before the
commencement of this clause).
2—Certain conditions taken to be validly imposed
etc
A condition limiting the times when liquor may be sold under a licence, or
limiting in some other way the authority conferred by the licence, purportedly
imposed on a licence before the commencement of this clause will for all
purposes be taken to have been validly imposed or varied (as the case
requires).
3—Certain codes of practice taken to be
valid
(1) A code of
practice, and any provision of a code of practice, that—
(a) was published under section 11A of the Liquor Licensing
Act 1997 (as in force before the commencement of this clause);
and
(b) is purportedly in force on the commencement of this clause,
will be taken to be valid, and always to have been valid, if the code of
practice or provision would have been valid had it been published under
section 11A of the Liquor Licensing Act 1997 as amended by this
Act.
(2) The requirements of section 11A(4a) do not apply in relation to a
code of practice referred in to subclause (1).
(3) However, no action may be taken under the Liquor Licensing
Act 1997 in respect of a person's refusal or failure to comply with a
provision of the Late Night Trading Code of Practice during the period
commencing on 1 October 2013 and concluding on the day on which this
clause comes into operation.
(4) In this clause—
Late Night Trading Code of Practice means the Late Night
Trading Code of Practice under the Liquor Licensing
Act 1997.
Note—
The Late Night Trading Code of Practice was published by notice in the
Gazette on 6 June 2013 and came into operation on
1 October 2013.
Liquor Licensing (Entertainment on Licensed Premises)
Amendment Act 2015, Sch 1—Transitional
Provisions
1—Interpretation
(1) In this Schedule—
consent means a consent granted under section 105 of the
Liquor Licensing Act 1997 (as in force before the commencement of
section 7 of this Act);
entertainment has the same meaning as in the Liquor
Licensing Act 1997;
entertainment condition means a condition of a licence or
consent that has the effect of limiting the entertainment that may be provided
on licensed premises, or any area adjacent to licensed premises, or the methods
by which such entertainment may be provided or promoted, but does not
include—
(a) a condition referred to in section 35(2) or 40A(3) of the
Liquor Licensing Act 1997; or
(b) a condition relating to the provision of prescribed entertainment;
or
(c) a condition declared by the Commissioner not to be an entertainment
condition;
licence, licensed premises and
licensee have the same meanings as in the Liquor Licensing
Act 1997;
prescribed entertainment has the same meaning as in
section 105 of the Liquor Licensing Act 1997 (as enacted by
this Act).
(2) Nothing in this Schedule affects—
(a) a condition added to a licence, or varied, by an order made under
section 106 of the Liquor Licensing Act 1997 after the
commencement of this clause; or
(b) the operation of any other Act or law.
Note—
For example, requirements relating to approvals under the Development
Act 1993.
2—Certain
consents under section 105 of the Liquor
Licensing Act 1997 to continue in force
(1) Subject to this
Schedule, a consent that is in force immediately before the commencement of this
clause will be taken to—
(a) continue in force according to its terms; and
(b) be subject to any conditions to which it was subject immediately
before the commencement of this clause; and
(c) be a consent granted by the licensing authority under section 105
of the Liquor Licensing Act 1997 (as enacted by this Act).
(2) An entertainment condition of a consent referred to in
subclause (1) that purports to have effect between the hours of 11 am
and midnight on any day will be taken to be of no effect during those
hours.
3—Commissioner
may grant transitional entertainment consents
(1) This clause applies in relation to a licensee who, in the
12 months preceding the commencement of this clause, was lawfully using
licensed premises the subject of the licence, or any area adjacent to the
licensed premises, for the purpose of providing prescribed
entertainment.
(2) The Commissioner may, on application or on his or her own motion,
grant his or her consent for a licensee to whom this clause applies to use part
of licensed premises for the purpose of providing prescribed
entertainment.
(3) An application under this clause must be made in a manner and form
determined by the Commissioner.
(4) A consent under this clause may be conditional or
unconditional.
(5) A consent under this clause will be taken to be a consent granted
under section 105 of the Liquor Licensing Act 1997 (as enacted
by this Act).
(6) If the Commissioner grants a consent under this
clause—
(a) any previous consent granted to the licensee under section 105 of
the Liquor Licensing Act 1997 before the commencement of this clause
is, by force of this subclause, revoked; and
(b) any condition of the previous consent that, pursuant to that section,
has effect as a condition of the licence will be taken to be of no
effect.
(7) To avoid doubt, the following provisions of the Liquor Licensing
Act 1997 do not apply in respect of the operation of this
clause:
(a) section 22;
(b) Part 4;
(c) section 105(3) (as enacted by this Act).
4—Certain entertainment conditions of licences to
be of no effect
Without limiting clause 2 or 3, an entertainment condition of a
licence that purports to have effect between the hours of 11 am and
midnight on any day will be taken to be of no effect during those
hours.
5—Commissioner may revoke or vary conditions of
licences etc for transitional purposes
(1) The Commissioner may, on application or on his or her own motion, add,
substitute, vary or revoke a condition of a licence or a consent if, in the
opinion of the Commissioner, it is necessary or desirable to do so as a
consequence of the enactment of this Act.
(2) An application under this clause must be made in a manner and form
determined by the Commissioner.
(3) To avoid doubt, the following provisions of the Liquor Licensing
Act 1997 do not apply in respect of the operation of this
clause:
(a) section 22;
(b) section 43;
(c) Part 4;
(d) section 105(3) (as enacted by this Act).
Liquor Licensing (Liquor Review) Amendment
Act 2017, Sch 2—Transitional Provisions
Part 1—Preliminary
1—Preliminary
In this Schedule—
licence, licensed premises and
licensee have the same meanings as in the principal Act;
new Part 3 Division 2 means Part 3 Division 2 of
the principal Act (as substituted by this Act);
old Part 3 Division 2 means Part 3 Division 2 of
the principal Act as in force immediately before the relevant day;
principal Act means the Liquor Licensing
Act 1997;
relevant day means the day on which new Part 3
Division 2 comes into operation.
Part 2—General
2—Amendments
apply to existing licences and approvals
Subject to this Schedule, an amendment to the principal Act effected by a
provision of this Act applies in respect of a licence or approval granted under
that Act, and in respect of the holder of a licence or approval under that Act,
whether the licence or approval was granted before or after the commencement of
that provision.
Part 3—Transitional
provisions
(1) A licence under old Part 3 Division 2 of a class listed in a row in
column 1 of the table will, on the relevant day, be taken to be a licence under
new Part 3 Division 2 of a class listed in the same row in column 2 of the
table.
|
Old Part 3 Division 2 licence |
New Part 3 Division 2 licence |
|---|---|
|
Hotel licence |
General and hotel licence |
|
Residential licence |
Residential licence |
|
Restaurant licence |
Restaurant and catering licence |
|
Entertainment venue licence |
On premises licence |
|
Club licence Limited club licence |
Club licence |
|
Retail liquor merchant's licence Direct sales licence |
Packaged liquor sales licence |
|
Wholesale liquor merchant's licence Producer's licence |
Liquor production and sales licence |
|
Small venue licence |
Small venue licence |
(2) A special
circumstances licence under old Part 3 Division 2 will, on the relevant day, be
taken to be—
(a) in a case where the licensee also holds a gaming machine licence in
respect of the premises to which the special circumstances licence
relates—a general and hotel licence under new Part 3 Division 2;
or
(b) in the case of a special circumstances licence that authorises the
sale of liquor on the licensed premises for consumption off the licensed
premises—a packaged liquor sales licence under new Part 3 Division 2;
or
(c) in any other case—an on premises licence under new Part 3
Division 2.
(3) Despite subclause (2), the Commissioner may, on the
Commissioner's own initiative or on application by the licensee, issue the
holder of a special circumstances licence under old Part 3 Division 2 a licence
of a class under new Part 3 Division 2 that the Commissioner considers
appropriate taking into account the trade authorised under the
licence.
(1) Except as notified by the Commissioner under subclause (2), the
trading hours authorised under the conditions of a licence under old Part 3
Division 2 (taking into account the operation of section 42A of the principal
Act (as inserted by section 24 of this Act) and any regulations made under
section 137C of the principal Act) will remain in force as the trading hours
authorised under the conditions of a licence under new Part 3 Division 2 (and
will have effect despite any provision of the principal Act until varied under
this clause).
(2) The
Commissioner—
(a) may, by notice in writing to a licensee given within 2 years after the
relevant day, vary the trading hours authorised under the conditions of the
licence so that a prescribed restriction does not apply to those trading hours;
and
(b) may, on application by a licensee made at any time within the period
of 2 years after the relevant day, by notice in writing to the licensee,
vary the trading hours authorised under the conditions of the licence so as to
reduce those trading hours in accordance with the application.
(3) In this clause—
prescribed restriction means a restriction on the trading
hours in respect of a class of licence fixed by a provision of old Part 3
Division 2 that, as a consequence of the enactment of this Act, is no longer
fixed by a provision of new Part 3 Division 2 in respect of the
corresponding class of licence.
(1) Except as
notified by the Commissioner under subclause (2), a condition of a licence
under old Part 3 Division 2 (taking into account the operation of clause 11
and any regulations made under section 137C of the principal Act) will remain in
force as a condition of a licence under new Part 3 Division 2 (whether or not
that condition could be a lawful condition of a licence under new Part 3
Division 2).
(2) The
Commissioner may, by notice in writing to a licensee given within 2 years after
the relevant day—
(a) add a condition to the licence; or
(b) substitute, vary or revoke a condition of the licence referred to in
subclause (1),
if, in the opinion of the Commissioner, it is necessary or desirable to do
so—
(c) as a consequence of the enactment of this Act; or
(d) because a matter the subject of a condition is, or should be, dealt
with or addressed under the Development Act 1993 or Planning,
Development and Infrastructure Act 2016; or
(e) for such other reason as the Commissioner thinks fit.
(3) For the avoidance of doubt, a reference in this clause to a condition
of a licence includes a reference to—
(a) a term of a licence, or an authorisation or any other right or
limitation set out in a licence; and
(b) any such condition whether imposed under a provision of old
Part 3 Division 2 or any other provision of the principal
Act.
6—Exemptions
An exemption granted by the licensing authority for the purposes of old
Part 3 Division 2 will remain in force as if it were an exemption
granted by the licensing authority for the purposes of new Part 3
Division 2.
7—Review of notices
(1) A licensee to whom a notice has been given by the Commissioner under
clause 5 may, within 1 month after the licensee receives the notice, apply
to the Licensing Court for a review of the notice.
(2) On a review, the Licensing Court may—
(a) affirm or vary the notice; or
(b) set aside the
notice and send the matter back to the Commissioner for reconsideration in
accordance with any directions or recommendations that the Court considers
appropriate,
and, in any case, may make any ancillary or consequential order that the
Court considers appropriate.
8—Licence applications
(1) An application
for a licence made to the licensing authority under the principal Act and any
proceedings related to such an application that have not been finally determined
before the relevant day may be continued and completed under the principal Act
as if the amendments to that Act effected by this Act had not come into
operation.
(2) However, if the licensing authority determines to grant a licence
under an application to which subclause (1) applies, the licensing
authority must not grant a licence of a class under old Part
3 Division 2 but must instead grant a licence under new Part
3 Division 2 of the appropriate class.
A limited licence in force immediately before the relevant day will remain
in force (subject to the terms and conditions to which it is subject on the
relevant day) until its expiry as if the amendments to the principal Act
effected by this Act had not come into operation.
10—Crown not liable to pay
compensation
Despite any other Act or law, no compensation is payable by the Crown in
respect of the operation of this Part.
Part 4—Other
matters
11—Entertainment
consents and conditions
(1) A consent in force immediately before the commencement of this clause
is, by force of this clause, revoked.
(2) An entertainment condition will be taken to be of no effect from the
commencement of this clause.
(3) Nothing in this clause affects—
(a) a condition added to a licence, or varied, by an order made under
section 106 of the principal Act after the commencement of this clause;
or
(b) the operation of any other Act or law.
(4) In this clause—
consent means a consent under section 105(1) of the
principal Act (as in force immediately before the commencement of this
clause);
entertainment and prescribed entertainment have
the same meaning as in the principal Act;
entertainment condition means a condition of a licence or a
consent that has the effect of limiting the entertainment that may be provided
on licensed premises, or any area adjacent to licensed premises, or the methods
by which such entertainment may be provided or promoted, but does not
include—
(a) a condition relating to the provision of prescribed entertainment;
or
(b) a condition declared by the Commissioner not be an entertainment
condition.
12—Disciplinary action
An amendment to the principal Act effected by a provision of this Act that
provides for the suspension of a licence if the licensee is convicted of or
found guilty of an offence applies only if the offence is committed, or alleged
to have been committed, after the commencement of that provision.
13—Procedures
To avoid doubt, the following provisions of the principal Act do not apply
in respect of the operation of this Schedule:
(a) section 3;
(b) section 22;
(c) section 43;
(d) Part 4.
Statutes Amendment (Attorney-General's Portfolio)
Act 2018, Pt 3
8—Transitional provision
Nothing in section 6 is to be taken to affect the operation of
Schedule 2 of the Liquor Licensing (Liquor Review) Amendment
Act 2017.
Liquor Licensing (Miscellaneous) Amendment
Act 2019, Sch 1—Transitional provision
1—Annual fees
Section 50A(5b) of the Liquor Licensing Act 1997 as in
force after the commencement of this clause applies only in relation to a
licensee to whom a notice has been given under section 50A(4) after that
commencement.
Liquor Licensing (Liquor Production and Sales Licence)
Amendment Act 2020, Sch 1
1—Transitional provision
An amendment to the Liquor Licensing Act 1997 effected by a
provision of this Act applies in respect of a licence granted under that Act
(including a licence to which Schedule 2 clause 8(2) of the Liquor
Licensing (Liquor Review) Amendment Act 2017 applies) whether the
licence was granted before or after the commencement of that
provision.
Historical versions
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Reprint No 1—19.3.1998 |
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Reprint No 2—8.10.1998 |
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Reprint No 3—6.7.2000 |
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Reprint No 4—1.9.2000 |
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Reprint No 5—1.10.2001 |
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Reprint No 6—8.8.2002 |
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Reprint No 7—1.8.2003 |
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25.3.2004 |
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17.11.2005 |
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8.12.2005 |
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4.9.2006 |
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1.2.2007 |
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1.6.2007 |
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13.12.2007 |
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1.3.2009 |
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1.2.2010 |
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3.5.2010 |
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4.12.2010 |
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26.11.2011 |
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30.1.2012 |
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5.3.2012 |
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3.5.2012 |
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12.7.2012 |
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26.4.2013 |
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17.6.2013 |
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1.11.2013 |
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14.11.2013 |
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5.12.2013 |
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16.1.2014 |
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5.1.2015 |
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6.8.2015 |
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17.12.2015 (electronic only) |
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20.12.2015 |
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18.12.2017 |
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24.9.2018 |
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22.11.2018 |
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1.12.2018 |
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1.1.2019 |
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9.5.2019 |
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19.9.2019 |
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18.11.2019 |
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25.6.2020 |
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31.7.2020 |
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3.12.2020 |
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13.12.2020 |
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1.1.2021 |
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19.3.2021 |
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