An Act to amend the Liquor Act 1992 , the Liquor Regulation 2002 and the Penalties and Sentences Act 1992 for particular purposes
The Parliament of Queensland enacts—
This Act may be cited as the Liquor and Other Legislation Amendment Act 2017 .
(1)The following provisions are taken to have commenced on 1 February 2017 immediately after the commencement of the lock out amendments—(a)part 2, other than division 3;(b)part 3.(2)In this section—lock out amendments means the provisions of the Tackling Alcohol-Fuelled Violence Legislation Amendment Act 2016 mentioned in section 2(2) of that Act.
This part amends the Liquor Act 1992 .
4Amendment of s 4 (Definitions)
(1)Section 4, definition 3a.m. safe night precinct, lock out condition and trading period—
omit.(2)Section 4—
insert—trading period, for part 5, division 6, see section 142AD.
5Amendment of s 86 (Hours to which application may relate etc.)
Section 86(1)(b), ‘3a.m. safe’—
omit, insert—safe
6Amendment of s 103G (Authority of extended hours permit)
Section 103G, note—
omit.
7Amendment of s 107C (Commissioner may impose conditions on licences and permits)
Section 107C(2), example—
omit.
8Omission of pt 5, div 5 (Lock out provisions)
Part 5, division 5—
omit.
9Amendment of s 155AD (Who must be present or reasonably available at licensed premises etc.)
Section155AD(2)(b)(ii) and (3)(b)(ii), ‘3a.m. safe’—
omit, insert—safe
10Amendment of s 165A (Refusing entry to premises)
Section 165A(1)(e), example—
omit.
11Omission of pt 6AB, div 5 (3a.m. safe night precincts)
Part 6AB, division 5—
omit.
12Amendment of s 338A (Minister must review)
(1)Section 338A(3), definition relevant provisions, paragraphs (b) and (d)—
omit.(2)Section 338A(3), definition relevant provisions, paragraphs (c) and (e)—
renumber as paragraphs (b) and (c).
13Amendment of s 103G (Authority of extended hours permit)
(1)Section 103G, from ‘at the time’ to ‘in the permit’—
omit.(2)Section 103G—
insert—(2)The permit authorises the sale of liquor—(a)during a stated time on a stated day; and(b)in the licensed premises or a stated part of the licensed premises; and(c)subject to any stated conditions.
14Amendment of s 103H (Restriction on grant of extended hours permit)
Section 103H, heading—
omit, insert—103H Grant of permit for Good Friday, Christmas Day or Anzac Day
15Replacement of ss 103I and 103J
Sections 103I and 103J—
omit, insert—103I Hours to which applications may relate
An application may be made for an extended hours permit for a licence that, if granted, would extend trading hours on a particular day to include—(a)for a licence other than a community other licence—(i)trading between 12a.m. and 5a.m.; or(ii)trading between 7a.m. and 9a.m.; or(iii)trading between 9a.m. and 10a.m.; or(b)for a community club licence—trading between 7a.m. and 9a.m.103IA Restrictions on grant of permit for trading between 12a.m. and 5a.m.
(1)This section applies if an application is made under section 103I(a)(i).(2)The commissioner may grant an extended hours permit only if satisfied it is to sell liquor on a special occasion that persons independent of the licensee, and of the owner or occupier of the licensed premises, wish to celebrate on the licensed premises.(3)The commissioner may only grant an extended hours permit for—(a)the time the special occasion is happening; and(b)a reasonable time, before or after the time the special occasion is happening, the commissioner considers appropriate to ensure the maintenance of a safe environment in and around the licensed premises.On the occasion of an international sporting match being televised from 1a.m. to 3a.m., the commissioner may grant a permit for trading between 12a.m. and 3.30a.m., in order to allow for the gradual arrival and departure of patrons attending the premises for the occasion.(4)The commissioner may not grant extended hours permits relating to the same licensed premises that would extend trading hours on 2 or more consecutive days, or on more than 1 day in a calendar month, unless satisfied the permits are to sell liquor on the same special occasion.(5)In this section—celebrate includes mark.special occasion means—(a)the occasion of a special public event; or(b)a wedding, birthday or other private occasion being celebrated at a function that is not open to the public.special public event—(a)means a unique or infrequent event of local, State or national significance; anda local music festival happening over a weekenda televised international sporting match involving an Australian team(b)includes an event prescribed by regulation, or of a class of events prescribed by regulation, to be a special public event; and(c)does not include an event prescribed by regulation, or of a class of events prescribed by regulation, not to be a special public event.103IB Restrictions on grant of permit for trading between 7a.m. and 9a.m.
(1)On an application under section 103I(a)(ii), the commissioner may grant an extended hours permit only if satisfied it is to sell liquor to or for persons genuinely attending a function held on the licensed premises during the period to which the permit relates.(2)On an application under section 103I(b), the commissioner may grant an extended hours permit only if—(a)the commissioner is satisfied there is a demonstrated community need for the application to be granted; or(b)the club to which the licence relates is a sporting club for a sport prescribed by regulation.103IC Restrictions on grant of permit for trading between 9a.m. and 10a.m.
On an application under section 103I(a)(iii), the commissioner may grant an extended hours permit only if satisfied there is a demonstrated community need for the application to be granted.103J Maximum number of permits that may be granted
(1)The maximum number of extended hours permits that may be granted for particular licensed premises is—(a)on an application under section 103I(a)(i)—6 permits in a calendar year; or(b)otherwise—4 permits in any 1-year period.(2)A reference in subsection (1)(a) or (b) to a number of permits in a period is a reference to the number of permits authorising the sale of liquor on a day in the period (not the number of permits granted in the period).(3)This section applies subject to section 103JAA.103JAA Maximum number of late night permits that may be granted in first calendar year of licence
(1)This section applies to licensed premises in relation to the calendar year in which the premises become licensed premises.(2)Section 103J(1)(a) applies to the premises as if the reference to 6 permits were a reference to a lesser number of permits worked out on a pro rata basis according to the number of calendar months, in the calendar year, in which the premises are licensed premises.Premises become licensed premises on 20 July 2018. For the 2018 calendar year, there are 6 calendar months in which the premises are licensed premises. Therefore, section 103J(1)(a) applies as if the reference to 6 permits were a reference to 3 permits.(3)If the number of permits worked out under subsection (2) is not a whole number, the number must be rounded up to the nearest whole number.
16Amendment of s 173EF (Licensed premises to which this division applies)
(1)Section 173EF(1)(b), ‘this Act’—
omit, insert—an extended trading hours approval(2)Section 173EF(3)—
omit.
17Amendment of s 173EH (Scanning obligations of licensees for regulated premises)
Section 173EH(9), definition regulated hours, paragraph (b), after ‘following day’—
insert—(whether under the authority of a licence, extended hours permit or extended trading hours approval)
After section 173NC—
insert—173NCA Changing area of safe night precincts
(1)This section applies in relation to an amendment of a regulation under section 173NC to change the area of a safe night precinct if—(a)as a result of the amendment, particular licensed premises cease to be in the safe night precinct; and(b)an extended trading hours approval (the approval) is in force for the licensed premises that extends trading hours to include trading between 12a.m. and 3a.m.(2)From the day the amendment commences, the approval has effect only to extend trading hours to include trading between 12a.m. and 2a.m.(3)Subsection (2) does not affect any later amendment or revocation of the approval.(4)The regulation containing the amendment must provide for the amendment to commence on a day no earlier than 7 days after the regulation is made.(5)As soon as practicable after the regulation containing the amendment is made, the commissioner must give the licensee written notice—(a)that, when the amendment commences, the premises cease to be in the safe night precinct; and(b)of the changed effect of the approval under subsection (2).(6)Failure to give the notice does not affect the operation of subsection (2).(7)No compensation is payable to any person because of the operation of this section.
19Amendment of s 336 (Applications for extended trading hours between 2a.m. and 5a.m)
Section 336—
insert—(5)This section applies subject to section 351.
20Amendment of s 337 (Existing extended trading hours approvals for trading between 2a.m. and 5a.m.)
Section 337—
insert—(5)This section applies subject to section 351.
21Amendment of s 338 (Effect of certain court or tribunal decisions relating to extended trading hours approvals)
Section 338—
insert—(5)This section applies subject to section 351.
22Insertion of new pt 12, div 19
Part 12—
insert—Division 19 Transitional and declaratory provisions for Liquor and Other Legislation Amendment Act 2017
In this division—2017 late night permit means an extended hours permit that extends trading hours, on a day in 2017, to include trading for all or part of the period between 12a.m. and 5a.m.amending Act means the Liquor and Other Legislation Amendment Act 2017 .347Declaration about period between 1 February 2017 and commencement
(1)This section applies in relation to the period (the relevant period) from the commencement of the amending Act, part 2, division 2 on 1 February 2017 to the commencement of this section.(2)To remove any doubt, it is declared that, during the relevant period—(a)no licence or permit is taken to have been subject to a lock out condition by force of repealed section 142AB; and(b)the granting of an extended trading hours approval, and anything done in relation to an extended trading hours approval, was as valid as it would have been if a reference in section 86(1)(b) or 155AD to a 3a.m. safe night precinct were a reference to a safe night precinct.(3)The rights and liabilities of all persons are declared to be, and to have been throughout the relevant period, for all purposes the same as if—(a)repealed section 142AB had never been in force; and(b)a reference in section 86(1)(b) or 155AD to a 3a.m. safe night precinct were a reference to a safe night precinct.(4)Subsections (2) and (3)—(a)do not apply for the purpose of a legal proceeding decided before the commencement; but(b)otherwise apply for all purposes, including—(i)a legal proceeding started, but not decided, before the commencement; and(ii)a legal proceeding started after the commencement.(5)However, despite subsection (3)(b), an act done or omission made during the relevant period is not an offence against section 155AD(2)(b)(ii) or (3)(b)(ii) to the extent it would not have been an offence against that provision if the amending Act, section 9 had not commenced.(6)In this section—lock out condition has the meaning given by repealed section 142AB.repealed section 142AB means section 142AB inserted in this Act by the Tackling Alcohol-Fuelled Violence Legislation Amendment Act 2016 , section 38.Repealed section 142AB was repealed, immediately after it commenced, by the Liquor and Other Legislation Amendment Act 2017 , section 8.348Cancellation of current 2017 late night permits
(1)This section applies to a 2017 late night permit granted to a licensee before the commencement that extends trading hours on a day on or after the commencement.(2)On the commencement, the permit is cancelled by force of this section.(3)As soon as practicable after the commencement, the commissioner must—(a)refund to the licensee the fee paid for the application for the permit; and(b)give the licensee written notice that—(i)the permit has been cancelled; and(ii)the licensee may make a further application for an extended hours permit under part 4A, division 4.349Counting 2017 late night permits for s 103J
(1)This section applies to a 2017 late night permit granted to a licensee before the commencement that extended trading hours on a day before the commencement.(2)In deciding, for section 103J, the number of 2017 late night permits granted for the licensed premises, a permit mentioned in subsection (1) is to be counted.350Current applications and legal proceedings relating to extended hours permits
(1)An application under this Act for an extended hours permit made, but not decided, before the commencement must be decided under this Act as in force from the commencement.(2)Part 4A, division 4, as in force before the commencement, continues to apply for the purpose of a legal proceeding started under this Act but not decided before the commencement.351Retrospective change to operation of ss 336–338
(1)Section 336 applies, and is taken to have applied since 1 February 2017, as if the reference in section 336(4)(a) to a 3a.m. safe night precinct were a reference to a safe night precinct.(2)Section 337 applies, and is taken to have applied since 1 February 2017, as if the reference in section 337(4)(a) to a 3a.m. safe night precinct were a reference to a safe night precinct.(3)Section 338 applies, and is taken to have applied since 1 February 2017, as if the reference in section 338(4)(a) to a 3a.m. safe night precinct were a reference to a safe night precinct.(4)The rights and liabilities of all persons are declared to be, and to have been since 1 February 2017, for all purposes the same as if the references in section 336(4)(a), 337(4)(a) and 338(4)(a) to a 3a.m. safe night precinct were references to a safe night precinct.Despite any Act or law, no compensation is payable by the State to a person because of the operation of the amending Act.
This part amends the Liquor Regulation 2002 .
24Omission of s 3EA (3a.m. safe night precincts—Act, s 173P)
Section 3EA—
omit.
25Omission of sch 16A (3a.m. safe night precincts)
Schedule 16A—
omit.
This part amends the Penalties and Sentences Act 1992 .
27Amendment of s 43J (Making a banning order)
Section 43J(1)(a)—
omit, insert—(a)the offender has been convicted of—(i)an offence that involved the use, threatened use or attempted use of unlawful violence to a person or property; or(ii)an offence against the Drugs Misuse Act 1986 , section 5 or 6; and
28Insertion of new pt 14, div 19
Part 14—
insert—A court may make a banning order under section 43J if the offender is convicted of an offence mentioned in section 43J(1)(a)(i) or (ii) after the commencement, even if the offence was committed, or the offender was charged with the offence, before the commencement.
© State of Queensland 2017