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TASMANIA
__________
LIQUOR AND ACCOMMODATION
AMENDMENT BILL 2004
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - LIQUOR AND ACCOMMODATION ACT 1990
AMENDED
3. Principal Act
4. Long title amended
5. Section 1 amended (Short title)
6. Section 3 amended (Interpretation)
7. Section 22 amended (Qualifications for liquor licence)
8. Section 23 amended (Application for liquor licence)
9. Section 24 amended (Consideration of application for
liquor licence)
10. Section 24A amended (Requirements for licence)
11. Section 30A amended (Interim authority to act as
licensee)
12. Section 35 amended (Duration of liquor permit)
13. Section 39 amended (Liquor restriction orders)
[Bill 36]-II
14. Section 41 amended (Powers of Commissioner to suspend
licence)
15. Section 42 amended (Cancellation and suspension of
licence)
16. Section 52 amended (Licence to be kept on licensed
premises)
17. Section 53 amended (Licence to be produced on demand)
18. Section 59 substituted
59. Licensee to indicate availability of tourist
accommodation
19. Section 65 amended (Licensee to restrict people on
certain licensed premises outside authorized hours)
20. Part 3 repealed
21. Section 211 amended (Right to appeal to Board)
22. Section 214 amended (Decision of Board after hearing)
23. Section 218 amended (Evidentiary provisions)
24. Section 219 amended (Service of documents)
25. Section 224A inserted
224A. Further transitional provisions
PART 3 - CIVIL LIABILITY ACT 2002 AMENDED
26. Principal Act
27. Part 10A inserted
PART 10A - Accommodation provider
49A. Liability of accommodation provider for lost,
destroyed or damaged property
PART 4 - CONVEYANCING AND LAW OF PROPERTY
ACT 1884 AMENDED
28. Principal Act
29. Section 15 amended (Restrictions on and relief against
forfeiture of leases)
PART 5 - CROWD CONTROLLERS ACT 1999 AMENDED
30. Principal Act
31. Section 3 amended (Interpretation)
2
32. Section 13 amended (Registers to be kept by employers of
crowd controllers)
PART 6 - FIRE SERVICE ACT 1979 AMENDED
33. Principal Act
34. Section 29 amended (Powers and functions of brigade
chiefs)
35. Section 50 amended (Protection of public premises)
PART 7 - GAMING CONTROL ACT 1993 AMENDED
36. Principal Act
37. Section 3 amended (Interpretation)
38. Section 4 amended (Meaning of "associate")
39. Section 19 amended (Licensing under the Liquor and
Accommodation Act 1990)
40. Section 45 amended (Notification of certain applications
concerning liquor licence)
41. Section 101A amended (Interpretation of Division)
42. Section 153AA amended (Gaming machine rental)
PART 8 - OMBUDSMAN ACT 1978 AMENDED
43. Principal Act
44. Schedule 1 amended (Government Departments and
Other Authorities to which this Act applies)
PART 9 - POLICE OFFENCES ACT 1935 AMENDED
45. Principal Act
46. Section 3 amended (Interpretation)
47. Section 25 amended (Consumption of liquor in streets,
&c.)
48. Section 67A amended (Evidentiary provision)
PART 10 - PUBLIC HEALTH ACT 1997 AMENDED
49. Principal Act
50. Section 3 amended (Interpretation)
3
51. Section 67F amended (Amenity of smoke-free areas)
52. Section 84 amended (Overcrowding)
PART 11 - RACING REGULATION ACT 1952 AMENDED
53. Principal Act
54. Section 57ZP amended (Persons under 18 years in
totalizators)
PART 12 - REFERENDUM PROCEDURES ACT 1994
AMENDED
55. Principal Act
56. Section 13 amended (Use of certain premises as polling-
booth prohibited)
PART 13 - SHOP TRADING HOURS ACT 1984
AMENDED
57. Principal Act
58. Section 3A amended (Non-application of Act)
4
LIQUOR AND ACCOMMODATION
AMENDMENT BILL 2004
(Brought in by the Minister for Finance, the Honourable
James Glennister Cox)
A BILL FOR
An Act to amend the Liquor and Accommodation Act
1990 and to make consequential amendments to
other Acts
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
PART 1 - PRELIMINARY
Short title
1. This Act may be cited as the Liquor and
Accommodation Amendment Act 2004.
Commencement
2. This Act commences on 1 January 2005.
[Bill 36] 5
s. 3 No. Liquor and Accommodation 2004
Amendment
PART 2 - LIQUOR AND ACCOMMODATION ACT
1990 AMENDED
Principal Act
3. In this Part, the Liquor and Accommodation Act 1990*
is referred to as the Principal Act.
Long title amended
4. The long title of the Principal Act is amended by
omitting "and to provide for the licensing of certain
accommodation".
Section 1 amended (Short title)
5. Section 1 of the Principal Act is amended by omitting
"and Accommodation" and substituting "Licensing".
Section 3 amended (Interpretation)
6. Section 3 of the Principal Act is amended as follows:
(a) by omitting the definitions of "abstract",
"accommodation licence", "accommodation
permit", "accommodation scheme",
"accommodation standards" and "approved
accommodation scheme";
(b) by omitting the definition of "licence";
(c) by omitting "licence" from the definition of
"licensee" and substituting "liquor licence";
*No. 44 of 1990
6
2004 Liquor and Accommodation No. s. 7
Amendment
(d) by omitting the definition of "liquor licence"
and substituting the following definition:
"liquor licence" means a valid licence
granted under this Act that
authorizes the sale of liquor;
(e) by omitting the definition of "tourist
accommodation".
Section 22 amended (Qualifications for liquor
licence)
7. Section 22(3) of the Principal Act is amended by
omitting "licence" first occurring and substituting "liquor
licence".
Section 23 amended (Application for liquor licence)
8. Section 23(4)(c) of the Principal Act is amended by
omitting "licence" and substituting "liquor licence".
Section 24 amended (Consideration of application
for liquor licence)
9. Section 24(4) of the Principal Act is amended by
omitting "licence" and substituting "liquor licence".
Section 24A amended (Requirements for licence)
10. Section 24A(1) of the Principal Act is amended by
omitting "licence" and substituting "liquor licence".
7
s. 11 No. Liquor and Accommodation 2004
Amendment
Section 30A amended (Interim authority to act as
licensee)
11. Section 30A(1)(a) of the Principal Act is amended by
omitting "licence" and substituting "liquor licence".
Section 35 amended (Duration of liquor permit)
12. Section 35(2) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "licence" and
substituting "liquor licence";
(b) by omitting from paragraph (b) "licence" and
substituting "liquor licence".
Section 39 amended (Liquor restriction orders)
13. Section 39 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "licence" first
occurring and substituting "liquor licence";
(b) by omitting from subsection (3) "licence" first
occurring and substituting "liquor licence".
Section 41 amended (Powers of Commissioner to
suspend licence)
14. Section 41 of the Principal Act is amended as follows:
(a) by omitting from subsection (2) "licence" first
occurring and substituting "liquor licence";
(b) by omitting from subsection (2A) "licence" and
substituting "liquor licence";
8
2004 Liquor and Accommodation No. s. 15
Amendment
(c) by omitting from subsection (7) "licence" and
substituting "liquor licence".
Section 42 amended (Cancellation and suspension of
licence)
15. Section 42(1) of the Principal Act is amended by
omitting "licence" first occurring and substituting "liquor
licence".
Section 52 amended (Licence to be kept on licensed
premises)
16. Section 52 of the Principal Act is amended by omitting
"licence" and substituting "liquor licence".
Section 53 amended (Licence to be produced on
demand)
17. Section 53 of the Principal Act is amended by omitting
"licence" and substituting "liquor licence".
Section 59 substituted
18. Section 59 of the Principal Act is repealed and the
following section is substituted:
Licensee to indicate availability of tourist
accommodation
59. (1) In this section -
"tourist accommodation" means overnight
lodging facilities that are provided for
tourists or travellers for a consideration.
9
s. 19 No. Liquor and Accommodation 2004
Amendment
(2) If tourist accommodation is available at
the licensed premises the licensee shall indicate to
the public the availability of that accommodation.
Section 65 amended (Licensee to restrict people on
certain licensed premises outside authorized hours)
19. Section 65(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "licence" and
substituting "liquor licence";
(b) by omitting from paragraph (b) "licence" and
substituting "liquor licence".
Part 3 repealed
20. Part 3 of the Principal Act is repealed.
Section 211 amended (Right to appeal to Board)
21. Section 211 of the Principal Act is amended as follows:
(a) by omitting from paragraph (b) "licence" and
substituting "liquor licence";
(b) by omitting from paragraph (e) "licence" and
substituting "liquor licence";
(c) by omitting from paragraph (g) "licence;" and
substituting "liquor licence.";
(d) by omitting paragraph (h).
10
2004 Liquor and Accommodation No. s. 22
Amendment
Section 214 amended (Decision of Board after
hearing)
22. Section 214(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "licence" first
occurring and substituting "liquor licence";
(b) by omitting from paragraph (b) "licence" first
occurring and substituting "liquor licence".
Section 218 amended (Evidentiary provisions)
23. Section 218(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b) "licence" and
substituting "liquor licence";
(b) by omitting from paragraph (c) "licence" and
substituting "liquor licence".
Section 219 amended (Service of documents)
24. Section 219 of the Principal Act is amended as follows:
(a) by omitting from paragraph (b)(ii) "licence"
and substituting "liquor licence";
(b) by omitting from paragraph (c)(ii) "licence"
and substituting "liquor licence".
Section 224A inserted
25. After section 224 of the Principal Act, the following
section is inserted in Part 6:
11
s. 25 No. Liquor and Accommodation 2004
Amendment
Further transitional provisions
224A. (1) In this section -
"accommodation licence" means a licence
issued under the Act before the
commencement of the Liquor and
Accommodation Amendment Act 2004
that authorized the provision of
overnight lodging facilities for tourists or
travellers for a consideration.
(2) An accommodation licence, whether or not
the licence has been combined under section 220
with another licence, or a permit or approval, ceases
to have effect on the commencement of the Liquor
and Accommodation Amendment Act 2004.
(3) Nothing in subsection (2) affects the
validity of a licence, permit or approval that has
been combined with an accommodation licence.
(4) In any Act or other document, a reference
to the Liquor and Accommodation Act 1990 is taken
to be a reference to the Liquor Licensing Act 1990,
where appropriate.
(5) In any Act or other document, a reference
to a provision of the Liquor and Accommodation Act
1990 is taken to be a reference to that provision in
the Liquor Licensing Act 1990, where appropriate.
12
2004 Liquor and Accommodation No. s. 26
Amendment
PART 3 - CIVIL LIABILITY ACT 2002 AMENDED
Principal Act
26. In this Part, the Civil Liability Act 2002* is referred to
as the Principal Act.
Part 10A inserted
27. After section 49 of the Principal Act, the following
Part is inserted:
PART 10A - ACCOMMODATION PROVIDER
Liability of accommodation provider for lost,
destroyed or damaged property
49A. (1) In this section, unless the contrary
intention appears -
"accommodation provider" means a person
who provides tourist accommodation
premises;
"employee" means a person employed at
tourist accommodation premises;
"guest" means a person -
(a) who is temporarily absent from his
or her usual residence; and
(b) who has engaged sleeping
accommodation, or on whose
behalf sleeping accommodation
*No. 54 of 2002
13
s. 27 No. Liquor and Accommodation 2004
Amendment
has been engaged, at tourist
accommodation premises;
"premises" includes -
(a) land, whether or not covered by
buildings; and
(b) any structure, whether or not
attached to land; and
(c) a means of transport; and
(d) a part of premises;
"tourist accommodation premises" means
premises that are set up for the purpose
of providing overnight lodging facilities
for tourists or travellers for a
consideration.
(2) An accommodation provider is not liable to
make compensation in relation to the loss,
destruction or damage of or to property brought to
tourist accommodation premises by or on behalf of a
guest except as provided in subsection (3).
(3) An accommodation provider is liable to
make compensation in relation to the loss,
destruction or damage of or to property brought to
tourist accommodation premises by or on behalf of a
guest if -
(a) the loss, destruction or damage is
attributable to some negligence or
deliberate or reckless act or default of
the accommodation provider or an
employee of the accommodation
provider; or
(b) the property -
14
2004 Liquor and Accommodation No. s. 27
Amendment
(i) has been deposited expressly for
safe custody with the
accommodation provider or an
employee of the accommodation
provider authorised to accept
guest's property for safe custody;
and
(ii) if the accommodation provider or
that employee requires it, has
been placed in a container and
fastened or sealed by the person
depositing the property for safe
custody; and
(iii) has been lost, destroyed or
damaged while so deposited; or
(c) a notice that relates to the liability of an
accommodation provider to pay
compensation under this section is not
conspicuously displayed in, at or near
the reception office, reception desk or
principal entrance of the tourist
accommodation premises.
15
s. 28 No. Liquor and Accommodation 2004
Amendment
PART 4 - CONVEYANCING AND LAW OF
PROPERTY ACT 1884 AMENDED
Principal Act
28. In this Part, the Conveyancing and Law of Property
Act 1884* is referred to as the Principal Act.
Section 15 amended (Restrictions on and relief
against forfeiture of leases)
29. Section 15(6) of the Principal Act is amended by
omitting "Liquor and Accommodation Act 1990" and
substituting "Liquor Licensing Act 1990".
*No. 19 of 1884
16
2004 Liquor and Accommodation No. s. 30
Amendment
PART 5 - CROWD CONTROLLERS ACT 1999
AMENDED
Principal Act
30. In this Part, the Crowd Controllers Act 1999* is
referred to as the Principal Act.
Section 3 amended (Interpretation)
31. Section 3(1) of the Principal Act is amended by
omitting "Liquor and Accommodation Act 1990" from the
definition of "licensed premises" and substituting "Liquor
Licensing Act 1990".
Section 13 amended (Registers to be kept by
employers of crowd controllers)
32. Section 13(7) of the Principal Act is amended by
omitting "Liquor and Accommodation Act 1990" and
substituting "Liquor Licensing Act 1990".
*No. 5 of 1999
17
s. 33 No. Liquor and Accommodation 2004
Amendment
PART 6 - FIRE SERVICE ACT 1979 AMENDED
Principal Act
33. In this Part, the Fire Service Act 1979* is referred to
as the Principal Act.
Section 29 amended (Powers and functions of
brigade chiefs)
34. Section 29(10)(e) of the Principal Act is amended as
follows:
(a) by omitting from subparagraph (i) "Liquor and
Accommodation Act 1990" and substituting
"Liquor Licensing Act 1990";
(b) by inserting the following subparagraph after
subparagraph (i):
(ia) premises set up for the purpose of
providing overnight lodging
facilities for tourists or travellers
for a consideration; or
Section 50 amended (Protection of public premises)
35. Section 50 of the Principal Act is amended as follows:
(a) by omitting from subsection (1)(c) "Liquor and
Accommodation Act 1990" and substituting
"Liquor Licensing Act 1990";
*No. 35 of 1979
18
2004 Liquor and Accommodation No. s. 35
Amendment
(b) by omitting from subsection (2)(a)(iii) "Liquor
and Accommodation Act 1990" and
substituting "Liquor Licensing Act 1990".
19
s. 36 No. Liquor and Accommodation 2004
Amendment
PART 7 - GAMING CONTROL ACT 1993 AMENDED
Principal Act
36. In this Part, the Gaming Control Act 1993* is referred
to as the Principal Act.
Section 3 amended (Interpretation)
37. Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting "Liquor and Accommodation Act
1990" from the definition of "licensed
premises" and substituting "Liquor Licensing
Act 1990";
(b) by omitting "Liquor and Accommodation Act
1990" from the definition of "liquor" and
substituting "Liquor Licensing Act 1990";
(c) by omitting "Liquor and Accommodation Act
1990" from the definition of "non-licensed
premises" and substituting "Liquor Licensing
Act 1990".
Section 4 amended (Meaning of "associate")
38. Section 4(3) of the Principal Act is amended by
omitting "Liquor and Accommodation Act 1990" from
paragraph (b) of the definition of "relevant position" and
substituting "Liquor Licensing Act 1990".
*No. 94 of 1993
20
2004 Liquor and Accommodation No. s. 39
Amendment
Section 19 amended (Licensing under the Liquor
and Accommodation Act 1990)
39. Section 19 of the Principal Act is amended by omitting
"Liquor and Accommodation Act 1990" and substituting
"Liquor Licensing Act 1990".
Section 45 amended (Notification of certain
applications concerning liquor licence)
40. Section 45 of the Principal Act is amended as follows:
(a) by omitting from subsection (1)(a) "Liquor and
Accommodation Act 1990" and substituting
"Liquor Licensing Act 1990";
(b) by omitting from subsection (1)(b) "Liquor and
Accommodation Act 1990" and substituting
"Liquor Licensing Act 1990";
(c) by omitting from subsection (2) "Liquor and
Accommodation Act 1990" and substituting
"Liquor Licensing Act 1990".
Section 101A amended (Interpretation of Division)
41. Section 101A of the Principal Act is amended by
omitting "Liquor and Accommodation Act 1990" from
paragraph (a) of the definition of "club" and substituting
"Liquor Licensing Act 1990".
Section 153AA amended (Gaming machine rental)
42. Section 153AA(1) of the Principal Act is amended by
omitting "Liquor and Accommodation Act 1990" from
21
s. 42 No. Liquor and Accommodation 2004
Amendment
paragraph (a) of the definition of "club" and substituting
"Liquor Licensing Act 1990".
22
2004 Liquor and Accommodation No. s. 43
Amendment
PART 8 - OMBUDSMAN ACT 1978 AMENDED
Principal Act
43. In this Part, the Ombudsman Act 1978* is referred to
as the Principal Act.
Schedule 1 amended (Government Departments and
Other Authorities to which this Act applies)
44. Clause 34 of Schedule 1 to the Principal Act is
amended by omitting "Liquor and Accommodation Act
1990" and substituting "Liquor Licensing Act 1990".
*No. 82 of 1978
23
s. 45 No. Liquor and Accommodation 2004
Amendment
PART 9 - POLICE OFFENCES ACT 1935 AMENDED
Principal Act
45. In this Part, the Police Offences Act 1935* is referred
to as the Principal Act.
Section 3 amended (Interpretation)
46. Section 3(1) of the Principal Act is amended by
omitting
any premises specified in a liquor licence or
liquor permit granted under the Liquor and
Accommodation Act 1990, that are open for
the sale of liquor;
in the table in the definition of "public place" and
substituting:
any premises specified in a liquor licence or
liquor permit granted under the Liquor
Licensing Act 1990, that are open for the
sale of liquor;
Section 25 amended (Consumption of liquor in
streets, &c.)
47. Section 25(4) of the Principal Act is amended as
follows:
*No. 44 of 1935
24
2004 Liquor and Accommodation No. s. 48
Amendment
(a) by omitting from paragraph (a) "Liquor and
Accommodation Act 1990" and substituting
"Liquor Licensing Act 1990";
(b) by omitting from paragraph (c) "Liquor and
Accommodation Act 1990" and substituting
"Liquor Licensing Act 1990".
Section 67A amended (Evidentiary provision)
48. Section 67A(b) of the Principal Act is amended by
omitting "Liquor and Accommodation Act 1990" and
substituting "Liquor Licensing Act 1990".
25
s. 49 No. Liquor and Accommodation 2004
Amendment
PART 10 - PUBLIC HEALTH ACT 1997 AMENDED
Principal Act
49. In this Part, the Public Health Act 1997* is referred to
as the Principal Act.
Section 3 amended (Interpretation)
50. Section 3 of the Principal Act is amended as follows:
(a) by omitting "Liquor and Accommodation Act
1990" from the definition of "bar area" and
substituting "Liquor Licensing Act 1990";
(b) by omitting "Liquor and Accommodation Act
1990" from paragraph (a) of the definition of
"gaming area" and substituting "Liquor
Licensing Act 1990";
(c) by omitting "Liquor and Accommodation Act
1990" from the definition of "licensed
premises" and substituting "Liquor Licensing
Act 1990".
Section 67F amended (Amenity of smoke-free areas)
51. Section 67F of the Principal Act is amended by
omitting "Liquor and Accommodation Act 1990" and
substituting "Liquor Licensing Act 1990".
*No. 86 of 1997
26
2004 Liquor and Accommodation No. s. 52
Amendment
Section 84 amended (Overcrowding)
52. Section 84(2) of the Principal Act is amended by
omitting "Liquor and Accommodation Act 1990" and
substituting "Liquor Licensing Act 1990".
27
s. 53 No. Liquor and Accommodation 2004
Amendment
PART 11 - RACING REGULATION ACT 1952
AMENDED
Principal Act
53. In this Part, the Racing Regulation Act 1952* is
referred to as the Principal Act.
Section 57ZP amended (Persons under 18 years in
totalizators)
54. Section 57ZP(b)(i) of the Principal Act is amended by
omitting "Liquor and Accommodation Act 1990" and
substituting "Liquor Licensing Act 1990".
*No. 98 of 1952
28
2004 Liquor and Accommodation No. s. 55
Amendment
PART 12 - REFERENDUM PROCEDURES ACT 1994
AMENDED
Principal Act
55. In this Part, the Referendum Procedures Act 1994* is
referred to as the Principal Act.
Section 13 amended (Use of certain premises as
polling-booth prohibited)
56. Section 13 of the Principal Act is amended by omitting
"Liquor and Accommodation Act 1990" and substituting
"Liquor Licensing Act 1990".
*No. 34 of 1994
29
s. 57 No. Liquor and Accommodation 2004
Amendment
PART 13 - SHOP TRADING HOURS ACT 1984
AMENDED
Principal Act
57. In this Part, the Shop Trading Hours Act 1984* is
referred to as the Principal Act.
Section 3A amended (Non-application of Act)
58. Section 3A(3)(b) of the Principal Act is amended by
omitting "Liquor and Accommodation Act 1990" and
substituting "Liquor Licensing Act 1990".
*No. 61 of 1984
30 Government Printer, Tasmania