Victorian Numbered Acts

LIQUOR CONTROL REFORM FURTHER AMENDMENT ACT 2011 (NO. 71 OF 2011) - SECT 10

For section 13 of the Principal Act substitute —

        "     13     Wine and beer producer's licence

    (1)     A wine and beer producer's licence authorises the licensee—

        (a)     to supply liquor that is the licensee's product at any time and on any premises to another licensee; and

        (b)     to supply during ordinary trading hours and at any other time determined by the Commission and specified in the licence—

              (i)     liquor that is the licensee's product for consumption on or off the licensed premises; and

              (ii)     liquor that is not the licensee's product for consumption on the licensed premises; and

        (c)     to supply packaged liquor that is the licensee's product during ordinary trading hours and at any other time determined by the Commission and specified in the licence to a person who makes an off-premises request.

    (2)     A wine and beer producer's licence is subject to—

        (a)     the conditions set out in section 16 (compliance with planning scheme); and

        (b)     if the licence authorises the licensee to supply liquor outside ordinary trading hours, the condition set out in section 17(1) (extended hours); and

        (c)     if the licensee is a body corporate, the condition set out in section 18 (approval of directors); and

        (d)     any other conditions determined by the Commission and specified in the licence.

    (3)     In this Act, a reference to liquor that is the licensee's product is a reference to wine, cider, brandy, perry or beer that—

        (a)     in the case of beer—has been brewed by or at the direction of the licensee and the licensee has assumed the financial risk of the production;

        (b)     in the case of wine, cider, brandy or perry—

              (i)     has been made from fruit grown by the licensee and the licensee has assumed the financial risk of the production; or

              (ii)     has been made under the direction of the licensee from fruit grown in Australia that was not grown by the licensee and the licensee has assumed the financial risk of the production.

    (4)     For the purposes of this section—

        (a)         licensed premises may consist of a primary premises, or both a primary premises and a retail premises;

        (b)     in the case of licensed premises that consist of both a primary premises and a retail premises, both premises must be located in the same region specified in the Register of Protected Geographical Indications and Other Terms kept by the Registrar under the Australian Wine and Brandy Corporation Act 1980 of the Commonwealth.

    (5)     A licensee under this section may apply under section 29 for a condition that authorises the supply of liquor that is the licensee's product at promotional events that are conducted off the licensed premises.

    (6)     An application under subsection (5)—

        (a)         must be accompanied by the prescribed fee; and

        (b)     is subject to any further condition determined by the Commission and specified on the licence.

    (7)     Section 29(3)(c)(ia) does not apply to an application under subsection (5).

    (8)     A licensee of a licence that has a condition of the type referred to in subsection (5) must keep a record of the name, date and location of all promotional events at which it has supplied liquor that is the licensee's product, including records of the times at which the licensee was supplying the product at the event, and produce the records for inspection upon request by an authorised person.".