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PARLIAMENT OF VICTORIA
Justice Legislation Amendment Bill 2011
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2--AMENDMENTS TO THE LIQUOR CONTROL
REFORM ACT 1998 3
3 Definitions 3
4 New Part 7A inserted 3
PART 7A--BARRING ORDERS 3
106C Definitions 3
106D Barring orders 4
106E Police must produce proof of identity 4
106F Content of barring order 4
106G Duration of barring order 4
106H Requirement to give name and address 5
106I Variation and revocation of barring order 7
106J Offences 8
106K Licensee or permittee must keep records of barring
orders 8
5 Licensee must complete refresher approved responsible service
of alcohol programs 9
6 Licensee must keep approved responsible service of alcohol
register 10
7 Offences by persons other than licensee or permittee 10
8 Power to serve an infringement notice 11
PART 3--AMENDMENTS TO THE SUMMARY OFFENCES
ACT 1966 13
9 Persons found drunk and disorderly 13
10 Infringement penalty 13
11 New section 60AC inserted 14
60AC Partial exclusion of the operation of the expiation
principle 14
571010B.I-1/3/2011 i BILL LA INTRODUCTION 1/3/2011
Clause Page
PART 4--GENERAL 15
12 Statute law revision 15
13 Repeal of Amending Act 15
ENDNOTES 16
571010B.I-1/3/2011 ii BILL LA INTRODUCTION 1/3/2011
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Justice Legislation Amendment Bill
2011
A Bill for an Act to amend the Liquor Control Reform Act 1998 to
provide for persons to be barred from licensed premises and their
vicinity in certain circumstances, to amend the Summary Offences
Act 1966 to increase the penalties for being drunk and disorderly, to
make other amendments to those Acts and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is--
(a) to amend the Liquor Control Reform Act
5 1998 to enable persons to be barred from
licensed premises and their vicinity in certain
circumstances and to otherwise amend that
Act; and
571010B.I-1/3/2011 1 BILL LA INTRODUCTION 1/3/2011
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Part 1--Preliminary
s. 2
(b) to amend the Summary Offences Act 1966
to increase the penalties for being drunk and
disorderly and to otherwise amend that Act.
2 Commencement
5 (1) 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 before 1 February 2012, it comes into
operation on that day.
__________________
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Justice Legislation Amendment Bill 2011
Part 2--Amendments to the Liquor Control Reform Act 1998
s. 3
PART 2--AMENDMENTS TO THE LIQUOR CONTROL
REFORM ACT 1998
3 Definitions
(1) In section 3(1) of the Liquor Control Reform See:
Act No.
5 Act 1998 insert the following definitions-- 94/1998.
Reprint No. 5
"barring order means an order served under as at
1 April 2010
section 106D, whether or not the order is and
varied under section 106I; amending
Act Nos
responsible person means a person responsible 9/2008,
88/2009,
10 for the management or control of licensed 13/2010,
premises;". 18/2010,
52/2010 and
57/2010.
LawToday:
www.
legislation.
vic.gov.au
(2) After section 3(3) of the Liquor Control Reform
Act 1998 insert--
"(4) A reference in this Act to the vicinity of
15 licensed premises means a public place that
is within 20 metres of the licensed premises,
but is not the licensed premises.".
4 New Part 7A inserted
After Part 7 of the Liquor Control Reform Act
20 1998 insert--
"PART 7A--BARRING ORDERS
106C Definitions
For the purposes of this Part, a reference to
licensed premises includes any area adjacent
25 to the licensed premises that is owned or
occupied by the licensee or permittee.
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Part 2--Amendments to the Liquor Control Reform Act 1998
s. 4
106D Barring orders
A licensee, permittee, responsible person or
member of the police force may, by order
served on a person, bar the person from
5 entering or remaining on licensed premises
for a specified period if--
(a) the person is drunk, violent or
quarrelsome in the licensed premises;
or
10 (b) the licensee, permittee, responsible
person or member of the police force
reasonably believes that the safety of
the person, or any other person in the
licensed premises, is at substantial or
15 immediate risk as a result of the
consumption of alcohol by the person.
106E Police must produce proof of identity
A member of the police force must produce
proof of his or her identity and official status
20 before serving a barring order on a person,
unless the member is in uniform.
106F Content of barring order
A barring order must be in the prescribed
form.
25 106G Duration of barring order
(1) A person on whom a barring order has been
served may be barred under that order--
(a) if the person has not previously been
served with a barring order barring the
30 person from entering or remaining on
the licensed premises, for a period not
exceeding one month;
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Part 2--Amendments to the Liquor Control Reform Act 1998
s. 4
(b) if the person has on one previous
occasion been served with a barring
order barring the person from entering
or remaining on the licensed premises,
5 for a period not exceeding 3 months;
(c) if the person has on at least 2 previous
occasions been served with a barring
order barring the person from entering
or remaining on the licensed premises,
10 for a period not exceeding 6 months.
(2) Subject to subsection (1), a barring order has
effect from the date and time the order is
served and remains in force until the date
and time of expiry as set out in the order,
15 unless earlier revoked.
(3) For the purposes of determining whether a
person has previously been barred, regard
may only be had to barring orders that have
been issued within the previous 3 years.
20 106H Requirement to give name and address
(1) A member of the police force who intends to
serve a barring order on a person may
request the person to state the person's name
and address.
25 (2) A member of the police force who makes a
request under subsection (1) must inform the
person of the member's intention to serve a
barring order on the person.
(3) A person must not, in response to a request
30 made by a member of the police force in
accordance with this section--
(a) refuse or fail to comply with the request
without a reasonable excuse for not
doing so; or
571010B.I-1/3/2011 5 BILL LA INTRODUCTION 1/3/2011
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Part 2--Amendments to the Liquor Control Reform Act 1998
s. 4
(b) state a name or address that is false in a
material particular.
Penalty: 5 penalty units.
(4) A person who is requested to state his or her
5 name or address may request the member
who made the request to state, orally or in
writing, the member's name, rank and place
of duty.
(5) A member of the police force must not, in
10 response to a request under subsection (4)--
(a) refuse or fail to comply with the
request, including refusing or failing to
answer the request in writing if
specifically requested to do so; or
15 (b) state a name or rank that is false in a
material particular; or
(c) state as his or her place of duty an
address other than the name of the
police station which is the member's
20 ordinary place of duty.
Penalty: 5 penalty units.
(6) If a person states a name or address in
response to a request made under subsection
(1) and the member who made the request
25 suspects on reasonable grounds that the
stated name or address may be false, the
member may request the person to produce
evidence of the correctness of the name or
address.
30 (7) A person must comply with a request under
subsection (6), unless he or she has a
reasonable excuse for not doing so.
Penalty: 5 penalty units.
571010B.I-1/3/2011 6 BILL LA INTRODUCTION 1/3/2011
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Part 2--Amendments to the Liquor Control Reform Act 1998
s. 4
(8) It is not an offence for a person to fail to
comply with a request made under
subsection (1) or (6) if the member who
made the request did not inform the person,
5 at the time the request was made, that it is an
offence to fail to comply with the request.
106I Variation and revocation of barring order
(1) A licensee, permittee, responsible person or
member of the police force who issues a
10 barring order may, by subsequent order
served on a person, revoke or vary that order.
(2) The Director may, either upon request or on
the Director's own motion, vary or revoke a
barring order.
15 (3) For the purposes of subsection (2), a request
may only be made by--
(a) a licensee, permittee, or responsible
person in respect of the licensed
premises to which the order relates; or
20 (b) a member of the police force; or
(c) the person the subject of the order.
(4) If the Director varies or revokes a barring
order under subsection (2), the Director
must--
25 (a) serve notice of the variation or
revocation on the person the subject of
the barring order; and
(b) give a copy of the variation or
revocation to the person who issued the
30 order; and
(c) if the person who issued the order is not
the licensee or permittee, give a copy of
the variation or revocation to the
licensee or permittee.
571010B.I-1/3/2011 7 BILL LA INTRODUCTION 1/3/2011
Justice Legislation Amendment Bill 2011
Part 2--Amendments to the Liquor Control Reform Act 1998
s. 4
(5) If the Director varies an order under
subsection (2), the variation is final and not
subject to further variation or revocation by a
licensee, permittee, responsible person or
5 member of the police force.
(6) A notice of variation of a barring order must
be in the prescribed form.
(7) A notice of revocation of a barring order
must be in writing and must contain the
10 prescribed particulars.
106J Offences
(1) A person must not without reasonable excuse
enter or remain on licensed premises if there
is a barring order in force in respect of the
15 person for the licensed premises.
Penalty: 20 penalty units.
(2) A person must not without reasonable excuse
re-enter or remain in the vicinity of licensed
premises if there is a barring order in force in
20 respect of the person for the licensed
premises.
Penalty: 20 penalty units.
106K Licensee or permittee must keep records
of barring orders
25 (1) A licensee or permittee must keep a record
of any barring order issued under this Part,
including a copy of any variation or
revocation of a barring order, in respect of
the licensee's or permittee's licensed
30 premises.
Penalty: 5 penalty units.
571010B.I-1/3/2011 8 BILL LA INTRODUCTION 1/3/2011
Justice Legislation Amendment Bill 2011
Part 2--Amendments to the Liquor Control Reform Act 1998
s. 5
(2) A licensee or permittee must produce the
records required to be kept under subsection
(1) for inspection on being asked to do so by
a member of the police force or a compliance
5 inspector.
Penalty: 5 penalty units.
(3) A member of the police force or compliance
inspector must not, except to the extent
necessary to carry out the member's or
10 inspector's functions under this Part, give to
any other person, any information acquired
under subsection (2).
Penalty: 5 penalty units.
(4) A licensee or permittee must not disclose any
15 records required to be kept under subsection
(1), or information contained in those
records, to any other person except in
accordance with subsection (2).
Penalty: 5 penalty units.
20 (5) The records required to be kept under
subsection (1) in relation to a barring order
must be destroyed 3 years after the expiry or
revocation of the barring order.
Penalty: 5 penalty units.
25 __________________".
5 Licensee must complete refresher approved
responsible service of alcohol programs
In section 108AA(3) of the Liquor Control
Reform Act 1998, for "person responsible for the
30 management or control of the licensed premises"
substitute "responsible person".
571010B.I-1/3/2011 9 BILL LA INTRODUCTION 1/3/2011
Justice Legislation Amendment Bill 2011
Part 2--Amendments to the Liquor Control Reform Act 1998
s. 6
6 Licensee must keep approved responsible service of
alcohol register
(1) In section 108AD(3)(a) of the Liquor Control
Reform Act 1998, for "person responsible for the
5 management or control of the licensed premises"
substitute "responsible person".
(2) In section 108AD(3)(b) of the Liquor Control
Reform Act 1998, for "person responsible for the
management or control of the licensed premises"
10 substitute "responsible person".
7 Offences by persons other than licensee or permittee
(1) For the penalty at the foot of section 114(2) of the
Liquor Control Reform Act 1998 substitute--
"Penalty: 50 penalty units.".
15 (2) After section 114(2) of the Liquor Control
Reform Act 1998 insert--
"(3) A person who has been refused entry from
licensed premises or who has left licensed
premises following a request by any of the
20 persons referred to in subsection (2)(a), (b)
or (c) must not without reasonable excuse
remain in the vicinity of the licensed
premises.
Penalty: 20 penalty units.
25 (4) A person who has been refused entry from
licensed premises or who has left licensed
premises following a request by any of the
persons referred to in subsection (2)(a), (b)
or (c) must not without reasonable excuse
30 enter the licensed premises for a period of
24 hours commencing from the time of being
refused entry or leaving the licensed
premises.
Penalty: 20 penalty units.
571010B.I-1/3/2011 10 BILL LA INTRODUCTION 1/3/2011
Justice Legislation Amendment Bill 2011
Part 2--Amendments to the Liquor Control Reform Act 1998
s. 8
(5) For the purposes of this section, a reference
to licensed premises includes any area
adjacent to the licensed premises that is
owned or occupied by the licensee or
5 permittee.".
8 Power to serve an infringement notice
(1) In section 141(1AA) of the Liquor Control
Reform Act 1998, for "subsection (2)(fc), (m)
or (n)" substitute "subsection (2)(dd), (de), (df),
10 (dg), (dh), (fc), (gb), (gc), (m) or (n)".
(2) After section 141(2)(dc) of the Liquor Control
Reform Act 1998 insert--
"(dd) section 106H(3)(a) (refusal to give name or
address);
15 (de) section 106H(3)(b) (giving a false name or
address);
(df) section 106H(7) (refusal to provide evidence
of name or address);
(dg) section 106J(1) (entering or remaining on
20 licensed premises from which a person is
barred);
(dh) section 106J(2) (re-entering or remaining in
the vicinity of licensed premises from which
a person is barred);
25 (di) section 106K(1) (failure to keep records of
barring orders);
(dj) section 106K(2) (failure to produce records
of barring orders upon request);
(dk) section 106K(4) (unauthorised disclosure of
30 records);
(dl) section 106K(5) (failure to destroy records of
barring orders);".
571010B.I-1/3/2011 11 BILL LA INTRODUCTION 1/3/2011
Justice Legislation Amendment Bill 2011
Part 2--Amendments to the Liquor Control Reform Act 1998
(3) In section 141(2)(eab) of the Liquor Control
Reform Act 1998, for "person responsible for the
management or control of the licensed premises"
substitute "responsible person".
5 (4) After section 141(2)(ga) of the Liquor Control
Reform Act 1998 insert--
"(gb) section 114(3) (remaining in the vicinity of
licensed premises after being refused entry
or requested to leave);
10 (gc) section 114(4) (entering licensed premises
within 24 hours of being refused entry or
being requested to leave);".
__________________
571010B.I-1/3/2011 12 BILL LA INTRODUCTION 1/3/2011
Justice Legislation Amendment Bill 2011
Part 3--Amendments to the Summary Offences Act 1966
s. 9
PART 3--AMENDMENTS TO THE SUMMARY OFFENCES
ACT 1966
9 Persons found drunk and disorderly
For the penalty at the foot of section 14 of the See:
Act No.
5 Summary Offences Act 1966 substitute-- 7405.
Reprint No. 10
"Penalty: For a first offence--20 penalty units or as at
1 January
imprisonment for three days; 2009
and
For a second or subsequent offence-- amending
20 penalty units or imprisonment for Act Nos
9/2008,
10 one month.". 46/2008,
1/2009, 7/2009,
68/2009,
92/2009,
13/2010,
18/2010,
29/2010 and
63/2010.
LawToday:
www.
legislation.
vic.gov.au
10 Infringement penalty
(1) In section 60AB(4) of the Summary Offences
Act 1966 omit ", 14".
(2) After section 60AB(4) of the Summary Offences
15 Act 1966 insert--
"(5) Despite subsection (1) the infringement
penalty for an alleged offence against
section 14 for which an infringement notice
may be served is--
20 (a) 5 penalty units; or
(b) in the case of--
(i) a person who has within the
previous 3 years been served with
an infringement notice under
25 section 60AA in respect of an
alleged offence against section 14
571010B.I-1/3/2011 13 BILL LA INTRODUCTION 1/3/2011
Justice Legislation Amendment Bill 2011
Part 3--Amendments to the Summary Offences Act 1966
s. 11
(whether or not the infringement
penalty set out in the notice has
been paid)--10 penalty units; or
(ii) a person who has been convicted
5 of an offence against section 14--
10 penalty units.".
11 New section 60AC inserted
After section 60AB of the Summary Offences
Act 1966 insert--
10 "60AC Partial exclusion of the operation of the
expiation principle
To the extent necessary to give effect to
section 60AB(5)(b), sections 32 and 33 of
the Infringements Act 2006 do not apply.".
__________________
571010B.I-1/3/2011 14 BILL LA INTRODUCTION 1/3/2011
Justice Legislation Amendment Bill 2011
Part 4--General
s. 12
PART 4--GENERAL
12 Statute law revision
Section 141(2)(ea) of the Liquor Control
Reform Act 1998 is repealed.
5 13 Repeal of Amending Act
This Act is repealed on 1 December 2012.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
10 Interpretation of Legislation Act 1984).
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Justice Legislation Amendment Bill 2011
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571010B.I-1/3/2011 16 BILL LA INTRODUCTION 1/3/2011
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