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This is a Bill, not an Act. For current law, see the Acts databases.
Gambling and Liquor Legislation Amendment
(Reduction of Red Tape) Act 2014
No. of 2014
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2--AMENDMENTS TO THE GAMBLING REGULATION
ACT 2003 3
3 Two up may be played on ANZAC Day 3
PART 3--AMENDMENTS TO THE LIQUOR CONTROL
REFORM ACT 1998 4
4 Definitions 4
5 Exemption from Act--bed and breakfast businesses 6
6 Exemption from Act--florist or giftmaker 6
7 Exemption from Act--hairdressers 6
8 Exemption from Act--butchers 7
9 New sections 6E, 6F, 6G and 6H inserted 7
6E Exemption from Act--hospitals 7
6F Exemption from Act--residential care services 8
6G Exemption from Act--retirement villages 8
6H Exemption from Act--cruise ships 9
10 General licence 9
11 Club licence 9
12 Late night licence 10
13 Limited licence 10
14 Restrictions on grant of club licences 10
15 Variation of licence or BYO permit at initiative of Commission 10
16 Allowing minors on licensed or authorised premises 11
17 New section 184 inserted 12
184 Transitional provision--Gambling and Liquor
Legislation Amendment (Reduction of Red Tape)
Act 2014 12
i
Clause Page
PART 4--REPEAL OF AMENDING ACT 13
18 Repeal of amending Act 13
ENDNOTES 14
ii
Gambling and Liquor Legislation
Amendment (Reduction of Red Tape)
Act 2014
No. of 2014
[Assented to ]
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The main purpose of this Act is to amend the
Gambling Regulation Act 2003 and the Liquor
Control Reform Act 1998 to further improve the
operation of those Acts.
1
Gambling and Liquor Legislation Amendment (Reduction of Red Tape) Act
2014
No. of 2014
Part 1--Preliminary
s. 2
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation by 1 June 2015, it comes into operation
on that day.
__________________
2
Gambling and Liquor Legislation Amendment (Reduction of Red Tape) Act
2014
No. of 2014
Part 2--Amendments to the Gambling Regulation Act 2003
s. 3
PART 2--AMENDMENTS TO THE GAMBLING
REGULATION ACT 2003
3 Two up may be played on ANZAC Day
In section 2.3.2 of the Gambling Regulation Act See:
Act No.
2003-- 114/2003.
Reprint No. 5
(a) in subsection (1)(b), omit "Minister on the as at
16 August
recommendation of the"; 2012
and
(b) subsection (2) is repealed; amending
Act Nos
(c) in subsection (3)(c), omit "Minister on the 27/2013 and
recommendation of the"; 70/2013.
LawToday:
www.
(d) subsection (4) is repealed. legislation.
vic.gov.au
__________________
3
Gambling and Liquor Legislation Amendment (Reduction of Red Tape) Act
2014
No. of 2014
Part 3--Amendments to the Liquor Control Reform Act 1998
s. 4
PART 3--AMENDMENTS TO THE LIQUOR CONTROL
REFORM ACT 1998
4 Definitions
See: (1) In section 3(1) of the Liquor Control Reform
Act No.
94/1998. Act 1998 insert the following definitions--
Reprint No. 7
as at "cruise ship means a ship that--
1 May 2013
and (a) has sleeping facilities for at least
amending
Act Nos 100 passengers, other than crew
41/2013 and members; and
70/2013.
LawToday: (b) is used to transport passengers for a fee,
www.
legislation. whether within or outside State waters
vic.gov.au or in the course of overseas or interstate
journeys;
hospital means any of the following--
(a) a denominational hospital within the
meaning of the Health Services Act
1988;
(b) a designated public hospital within the
meaning of the Health Services Act
1988;
(c) a metropolitan hospital within the
meaning of the Health Services Act
1988;
(d) a private hospital within the meaning of
the Health Services Act 1988;
(e) a privately-operated hospital within the
meaning of the Health Services Act
1988;
(f) a public hospital within the meaning of
the Health Services Act 1988;
4
Gambling and Liquor Legislation Amendment (Reduction of Red Tape) Act
2014
No. of 2014
Part 3--Amendments to the Liquor Control Reform Act 1998
s. 4
live music event means an event at which takes
place the creation or manipulation of sound
for artistic, cultural or religious purposes,
and which is performed to an audience;
residential care service has the same meaning as
in the Health Services Act 1988;
retirement village has the same meaning as in the
Retirement Villages Act 1986;".
(2) In section 3(1) of the Liquor Control Reform
Act 1998, for the definition of bed and breakfast
business substitute--
"bed and breakfast business means a business
that provides temporary accommodation,
other than dormitory style accommodation,
for not more than 8 adults in the course of
that business;".
(3) In section 3(1) of the Liquor Control Reform
Act 1998, in the definition of ordinary trading
hours, after paragraph (d) insert--
"(e) the following hours in addition to the
ordinary trading hours referred to in
paragraph (a), (b), (c) or (d)--
(i) in relation to an on-premises licence,
late night (on-premises) licence or
BYO permit--the hours between
11 p.m. on 31 December and 1 a.m. on
1 January;
(ii) in relation to a restaurant and cafe
licence, on-premises licence subject to
restaurant conditions or late night
(on-premises) licence subject to
restaurant conditions--the hours
between 11 p.m. on 31 December and
3 a.m. on 1 January;".
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Gambling and Liquor Legislation Amendment (Reduction of Red Tape) Act
2014
No. of 2014
Part 3--Amendments to the Liquor Control Reform Act 1998
s. 5
5 Exemption from Act--bed and breakfast businesses
(1) Section 6A(1)(a) of the Liquor Control Reform
Act 1998 is repealed.
(2) For section 6A(1)(d) of the Liquor Control
Reform Act 1998 substitute--
"(d) not more than 750ml of liquor is supplied in
any one day per room that is occupied for the
purposes of temporary accommodation.".
(3) Section 6A(2) and (3) of the Liquor Control
Reform Act 1998 are repealed.
(4) For the notes at the foot of section 6A of the
Liquor Control Reform Act 1998 substitute--
"Note
It is an offence under section 107 for a person who is not a
licensee to sell or offer liquor for sale.".
6 Exemption from Act--florist or giftmaker
(1) Section 6B(2) and (3) of the Liquor Control
Reform Act 1998 are repealed.
(2) For the notes at the foot of section 6B of the
Liquor Control Reform Act 1998 substitute--
"Note
It is an offence under section 107 for a person who is not a
licensee to sell or offer liquor for sale.".
7 Exemption from Act--hairdressers
(1) Section 6C(2) and (3) of the Liquor Control
Reform Act 1998 are repealed.
(2) For the notes at the foot of section 6C of the
Liquor Control Reform Act 1998 substitute--
"Note
It is an offence under section 107 for a person who is not a
licensee to sell or offer liquor for sale.".
6
Gambling and Liquor Legislation Amendment (Reduction of Red Tape) Act
2014
No. of 2014
Part 3--Amendments to the Liquor Control Reform Act 1998
s. 8
8 Exemption from Act--butchers
(1) Section 6D(2) and (3) of the Liquor Control
Reform Act 1998 are repealed.
(2) For the notes at the foot of section 6D of the
Liquor Control Reform Act 1998 substitute--
"Note
It is an offence under section 107 for a person who is not a
licensee to sell or offer liquor for sale.".
9 New sections 6E, 6F, 6G and 6H inserted
After section 6D of the Liquor Control Reform
Act 1998 insert--
"6E Exemption from Act--hospitals
A person who owns or operates a hospital is
exempt from any requirement of this Act to
hold a licence in relation to the supply of
liquor to a patient of the hospital, or a visitor
of the patient, if the following conditions are
met--
(a) the liquor is not supplied to a minor;
and
(b) the person purchased the liquor on a
retail basis; and
(c) not more than 2 standard drinks are
supplied to each recipient in any one
day.
Note
It is an offence under section 107 for a person who is
not a licensee to sell or offer liquor for sale.
7
Gambling and Liquor Legislation Amendment (Reduction of Red Tape) Act
2014
No. of 2014
Part 3--Amendments to the Liquor Control Reform Act 1998
s. 9
6F Exemption from Act--residential care
services
A person who owns or operates a residential
care service is exempt from any requirement
of this Act to hold a licence in relation to the
supply of liquor to a resident of the
residential care service, or a visitor of the
resident, if the following conditions are
met--
(a) the liquor is not supplied to a minor;
and
(b) the person purchased the liquor on a
retail basis; and
(c) not more than 2 standard drinks are
supplied to each recipient in any one
day.
Note
It is an offence under section 107 for a person who is
not a licensee to sell or offer liquor for sale.
6G Exemption from Act--retirement villages
A person who owns or operates a retirement
village is exempt from any requirement of
this Act to hold a licence in relation to the
supply of liquor to a resident of the
retirement village, or a visitor of the resident,
if the following conditions are met--
(a) the liquor is not supplied to a minor;
and
(b) the person purchased the liquor on a
retail basis; and
8
Gambling and Liquor Legislation Amendment (Reduction of Red Tape) Act
2014
No. of 2014
Part 3--Amendments to the Liquor Control Reform Act 1998
s. 10
(c) not more than 2 standard drinks are
supplied to each recipient in any one
day.
Note
It is an offence under section 107 for a person who is
not a licensee to sell or offer liquor for sale.
6H Exemption from Act--cruise ships
A person who owns or operates a cruise ship
is exempt from any requirement of this Act
to hold a licence in relation to the supply of
liquor by that person, if the following
conditions are met--
(a) the liquor is only supplied to the
registered passengers or crew members
of the cruise ship; and
(b) the liquor is only supplied for
consumption aboard the cruise ship.
Note
It is an offence under section 107 for a person who is
not a licensee to sell or offer liquor for sale.".
10 General licence
After section 8(1)(b) of the Liquor Control
Reform Act 1998 insert--
"(ba) to supply liquor on the licensed premises
between 11 p.m. on 31 December and 1 a.m.
on 1 January for consumption on the licensed
premises; and".
11 Club licence
After section 10(2) of the Liquor Control
Reform Act 1998 insert--
"(2A) A full club licence also authorises the
licensee to supply liquor on the licensed
premises to a member of the club, an
authorised gaming visitor or a guest of a
9
Gambling and Liquor Legislation Amendment (Reduction of Red Tape) Act
2014
No. of 2014
Part 3--Amendments to the Liquor Control Reform Act 1998
s. 12
member between 11 p.m. on 31 December
and 1 a.m. on 1 January for consumption on
the licensed premises.".
12 Late night licence
After section 11A(2)(b) of the Liquor Control
Reform Act 1998 insert--
"(ba) to supply liquor on the licensed premises
between 11 p.m. on 31 December and 1 a.m.
on 1 January for consumption on the licensed
premises; and".
13 Limited licence
Section 14(2)(a) and (3) of the Liquor Control
Reform Act 1998 are repealed.
14 Restrictions on grant of club licences
In section 25(1) of the Liquor Control Reform
Act 1998--
(a) in paragraph (a), for "comply; and"
substitute "comply.";
(b) paragraph (b) is repealed.
15 Variation of licence or BYO permit at initiative of
Commission
After section 58(2)(b) of the Liquor Control
Reform Act 1998 insert--
"(ba) a variation of the times within ordinary
trading hours between 31 December and
1 January at which the licence or permit
authorises the supply of liquor;".
10
Gambling and Liquor Legislation Amendment (Reduction of Red Tape) Act
2014
No. of 2014
Part 3--Amendments to the Liquor Control Reform Act 1998
s. 16
16 Allowing minors on licensed or authorised premises
(1) After section 120(2)(b) of the Liquor Control
Reform Act 1998 insert--
"(ba) to the presence on any part of the licensed
premises or authorised premises of a person
under the age of 18 at which--
(i) a live music event is being held in
accordance with notice given to the
Commission in accordance with
subsection (2B) and any conditions
prescribed for the purposes of this
section; and
(ii) liquor is not supplied, consumed or
made available on that part of the
premises; or".
(2) After section 120(2A) of the Liquor Control
Reform Act 1998 insert--
"(2B) A notice for the purposes of subsection
(2)(ba) must be given to the Commission at
least 7 business days prior to the date of the
live music event and must contain the
following details--
(a) the name of the event; and
(b) the date and start and finish times of the
event; and
(c) the times at which persons under the
age of 18 will be present at the event;
and
(d) any other prescribed details.".
11
Gambling and Liquor Legislation Amendment (Reduction of Red Tape) Act
2014
No. of 2014
Part 3--Amendments to the Liquor Control Reform Act 1998
s. 17
17 New section 184 inserted
After section 183 of the Liquor Control Reform
Act 1998 insert--
"184 Transitional provision--Gambling and
Liquor Legislation Amendment
(Reduction of Red Tape) Act 2014
(1) On and after the commencement of
section 13 of the Gambling and Liquor
Legislation Amendment (Reduction of
Red Tape) Act 2014, any condition on a
limited licence for the purpose of a club that
was imposed by the Commission in relation
to section 14(3) (as in force immediately
before the commencement of section 13 of
the Gambling and Liquor Legislation
Amendment (Reduction of Red Tape) Act
2014) is removed.
(2) On and after the commencement of
section 14 of the Gambling and Liquor
Legislation Amendment (Reduction of
Red Tape) Act 2014, any condition on a
club licence that was imposed by the
Commission in relation to section 25(1)(b)
(as in force immediately before the
commencement of section 14 of the
Gambling and Liquor Legislation
Amendment (Reduction of Red Tape) Act
2014) is removed.".
__________________
12
Gambling and Liquor Legislation Amendment (Reduction of Red Tape) Act
2014
No. of 2014
Part 4--Repeal of Amending Act
s. 18
PART 4--REPEAL OF AMENDING ACT
18 Repeal of amending Act
This Act is repealed on 1 June 2016.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
13
Gambling and Liquor Legislation Amendment (Reduction of Red Tape) Act
2014
No. of 2014
Endnotes
ENDNOTES
Minister's second reading speech--
Legislative Council:
Legislative Assembly:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Gambling Regulation Act 2003 and the Liquor Control Reform Act
1998 to further improve the operation of those Acts and for other
purposes."
By Authority. Government Printer for the State of Victoria.
14
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