Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• Act
• adult
• Australian driver licence
• bankrupt or personally insolvent
• building code
• business day
• chief officer (fire brigade)
• chief police officer
• commissioner for fair trading
• corporation
• Corporations Act
• planning and land authority
• police officer.
"ACTPLA certificate", for a licence or permit at premises, means a certificate by the planning and land authority stating that the authority considers the operation of a business at the premises under the licence or permit either—
(a) complies with—
(i) the lease where the premises are located; and
(ii) the Territory plan; or
(b) does not comply with a stated provision of—
(i) the lease where the premises are located; or
(ii) the Territory plan.
"adults-only area", for licensed premises or permitted premises—see section 93.
"amend", a licence or permit, includes the following:
(a) amend an existing licence condition;
(b) impose a new licence condition;
(c) remove an existing licence condition.
"applicant", for division 2.4 (Licences—public consultation)—see section 33.
"approved risk-assessment management plan", for licensed premises or permitted premises—see section 89.
"approved RSA training course", for an approved RSA training provider, for division 12.1 (Approval to provide RSA training courses)—see section 188.
"approved RSA training provider", for division 12.1 (Approval to provide RSA training courses)—see section 188.
"at" premises includes in or on the premises.
"authorised person" means—
(a) an investigator; or
(b) a police officer.
"bar licence"—see section 22.
"breath testing machine", for division 8.7 (Breath testing machines)—see section 133.
"caution offence", for division 9.3 (Police cautions for children and young people)—see section 149.
"certificate of occupancy", for premises—see the Building Act 2004, dictionary.
"child"—see the Children and Young People Act 2008, section 11.
"class"—each of the following is a class of licence:
(a) general licence;
(b) on licence;
(c) off licence;
(d) club licence;
(e) special licence.
"close associate"—see section 14.
"club licence"—see section 20.
"commercial permit"—see section 48.
"commercial permit holder" means—
(a) a person who holds a commercial permit; or
(b) for part 11 (Complaints and occupational discipline)—see section 175.
"commissioner "means the commissioner for fair trading.
"commissioner's direction"—see section 144 (2).
"complainant", for division 11.2 (Complaints)—see section 177.
"confidential provision", for a risk-assessment management plan—see section 90 (2) (b).
"connected", for part 10 (Enforcement)—see section 153.
crowd controller means a person who is a crowd controller for the purposes of the Security Industry Act 2003, section 7.
"CYP chief executive", for division 9.3 (Police cautions for children and young people)—see section 149.
"declared training provider"—see section 224.
"eligible club"—see section 70.
"emergency closure notice"—see section 147.
"emergency closure order"—see section 146.
"enclosed", for premises, means enclosed as prescribed by regulation.
"enclosed public place"—see the Smoking (Prohibition in Enclosed Public Places) Act 2003, dictionary.
"false identification document", for a person, means an identification document that—
(a) was fraudulently obtained; or
(b) was issued to someone else; or
(c) is forged; or
(d) is fraudulently altered; or
(e) has expired.
"foreign driver licence" means a licence to drive a motor vehicle (however described) issued under the law of an external Territory or a foreign country.
"general licence"—see section 17.
"ground for occupational discipline", for division 11.3 (Occupational discipline)—
(a) in relation to a licensee—see section 183; or
(b) in relation to a commercial permit-holder—see section 184.
"harm minimisation and community safety principles"—see section 10.
"identification document", for a person, means a document that—
(a) is—
(i) an Australian driver licence or foreign driver licence; or
(ii) a proof of age card or interstate proof of age card; or
(iii) a passport; and
(b) contains a photograph that could reasonably be taken to be the person; and
(c) states the person's date of birth.
"identity card"—see the Fair Trading (Consumer Affairs) Act 1973, dictionary.
"incident", for division 8.6 (Incidents)—see section 130.
"incident register", for division 8.6 (Incidents)—see section 131.
"influential person", for a corporation—see section 15.
"interstate proof of age card" means a document corresponding to a proof of age card that has been issued under the law of a State.
"intoxicated"—see section 104.
"investigator"—see the Fair Trading (Consumer Affairs) Act 1973, dictionary.
"lease"—see the Planning and Development Act 2007, section 235.
"licence"—see section 16.
"licence and permit register"—see section 195.
"licensed times", for the sale of liquor at licensed premises, means the times stated in the licence for the sale of liquor at the premises.
"licensee"—
(a) means a person who holds a licence; or
(b) for part 11 (Complaints and occupational discipline)—see section 174.
"liquor"—see section 11.
"liquor guidelines"—see section 223 (1).
"low-alcohol liquor" means a drink that is not liquor but contains more than 0.5% by volume of ethyl alcohol.
"nightclub licence"—see section 23.
"non-commercial permit"—see section 49.
"non-profit organisation "means an organisation that—
(a) is not carried on for profit or gain to its individual members; and
(b) does not make any distribution, whether in money, property or otherwise, to its members.
"occupancy loading", for a public area at licensed premises or permitted premises—see section 83.
"occupancy loading notice", for part 5 (Occupancy loading for licensed premises and permitted premises)—see section 86 (3).
"occupier", of premises, for part 10 (Enforcement)—see section 153.
"offence", for part 10 (Enforcement)—see section 153.
"off licence"—see section 19.
"on licence"—see section 18.
"permanent alcohol-free place"—see section 198 (1).
"permit"—see section 47.
"permit-holder", for part 11 (Complaints and occupational discipline)—see section 175.
"permitted times", for the sale of liquor at permitted premises, means the times stated in the permit for the sale of liquor at the premises.
"person"—a reference to a person in relation to a non-commercial permit includes a reference to a non-profit organisation.
"personal information notice"—see section 71.
"police certificate", for a person, means a written statement by the Commonwealth CrimTrac agency indicating—
(a) whether, according to the records held by the agency, the person has been charged with, or convicted of, an offence against a law of—
(i) the Territory; or
(ii) the Commonwealth; or
(iii) a State; or
(iv) another country; and
(b) if so—particulars of each offence.
Note A conviction does not include a spent conviction (see Spent Convictions Act 2000, s 16 (c) (i)).
"premises" includes land, structure, vehicle or boat.
"premises information notice"—see section 79.
"prohibited liquor product"—see section 212.
"proof of age card", for division 14.2 (Children and young people)—see section 209.
"proposed licensee"—see section 25.
"proposed new licensee"—see section 40.
"proposed permit-holder"—see section 50.
"public area", at licensed premises or permitted premises—see section 84.
"public consultation period", for an application for division 2.4 (Licences—public consultation)—see section 36.
"public place" means any street, road, public park, reserve or other place that the public is entitled to use or that is open to, or used by, the public (whether or not for payment), including—
(a) a shop, and any place occupied in relation to a shop; and
(b) a factory, and any place occupied in relation to, a factory; and
(c) a building or part of a building occupied by a club, and any place occupied in relation to a club; and
(d) any private property that is commonly used by the public, whether as trespassers or otherwise.
"registered training organisation", for division 12.1 (Approval to provide RSA training courses)—see section 188.
"relevant premises", for division 2.4 (Licences—public consultation)—see section 33.
"responsible person", for premises, for part 4 (Suitability of people and premises for licences and permits)—see section 74.
"restaurant and cafe licence"—see section 24.
"reviewable decision", for part 14 (Notification and review of decisions)—see section 220.
"risk-assessment management plan", for licensed premises or permitted premises—see section 88.
"RSA certificate", for a person—see section 193.
"RSA training course approval", for division 12.1 (Approval to provide RSA training courses)—see section 189.
"sell" includes—
(a) sell by wholesale, retail, auction or tender; and
(b) barter or exchange; and
(c) supply for profit; and
(d) offer for sale, receive for sale or expose for sale; and
(e) consign or deliver for sale; and
(f) have in possession for sale.
"senior police officer" means the chief police officer or another police officer of or above the rank of superintendent.
"smoke"—see the Smoking (Prohibition in Enclosed Public Places) Act 2003, dictionary.
"special licence"—see section 21.
"staff member", for part 8 (Conduct at licensed premises and permitted premises), means—
(a) for licensed premises—
(i) the licensee; or
(ii) an employee of the licensee; or
(b) for permitted premises—
(i) the permit-holder; or
(ii) an employee of the permit-holder.
"subclass"—each of the following is a subclass of on licence:
(a) bar licence;
(b) nightclub licence;
(c) restaurant and cafe licence.
"suitability information"—
(a) about a person—see section 69; and
(b) about premises—see section 78.
"suitable person", to hold a licence or permit—see section 67.
"suitable premises", for a licence or permit—see section 75.
"supply "includes sell.
"temporary alcohol-free place"—see section 198 (2).
"warrant", for part 10 (Enforcement)—see section 153.
"young person"—see the Children and Young People Act 2008, section 12.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 24 June 2010.
2 Notification
Notified under the Legislation Act on 6 September 2010.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
I certify that the above is a true copy of the Liquor Bill 2010, which was
passed by the Legislative Assembly on 26 August 2010.
Acting Clerk of the Legislative Assembly
© Australian Capital Territory 2010