QueenslandIndigenousCommunitiesLiquorLicencesAct2002Reprinted as in force on 15 March
2008Reprint No. 1BThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copyNOT FURTHER AMENDEDLAST REPRINT
BEFORE REPEALSee 2008 Act No. 30 s 50
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s15s3Indigenous Communities Liquor Licences Act
2002Indigenous Communities Liquor Licences
Act2002[as amended by all amendments that
commenced on or before 15 March 2008]An Act about
preventing harm in indigenous community areascaused by alcohol
abuse and misuse and associated violence,and for other
purposesPart 1Preliminary1Short
titleThis Act may be cited as theIndigenous Communities LiquorLicences Act 2002.2Commencement(1)Sections 45, 89 and 91 commence on the day
theCommunityServicesLegislationAmendmentAct2002,section38,commences.(2)Section 62 commences on a day to be fixed by
proclamation.3Purpose of Act(1)The
purpose of this Act is to prevent harm in community areascaused by alcohol abuse and misuse and
associated violence.(2)The purpose is to be achieved
particularly by—(a)establishingcommunityliquorlicenceboardsincommunity areas to manage canteens in the
areas; and(b)providing for the implementation by
boards of particularrecommendationsofcommunityjusticegroupsforcommunity areas; and
s46s6Indigenous Communities Liquor Licences Act
2002(c)providingforthetransferofgenerallicencesforcanteens to boards; and(d)providingforrestrictionsonapplicationsfor,andthetransfer of,
general licences for canteens.4DefinitionsThe dictionary in
the schedule defines particular words usedin this
Act.Part 2Community liquor
licenceboardsDivision 1Establishment and relatedprovisions5EstablishmentA community
liquor licence board for a community area maybe established
under a regulation.6Legal status(1)A
board—(a)is a body corporate with perpetual
succession; and(b)has a common seal; and(c)may sue and be sued in its corporate
name.(2)Aboard’snameisthe‘[insertnameofcommunity]Community Liquor
Licence Board’.(3)A board does not represent the
State.
s77s8Indigenous Communities Liquor Licences Act
2002Division 2Functions and
powers7Functions and powers(1)The functions of a board are
to—(a)manage the canteen in the community
area for which itis established; and(b)carry
out other functions given to it under this or anotherAct.(2)A board must
perform its functions in a way that achieves thepurpose of this Act.1(3)A board has power to do all things
reasonably necessary to bedone for performing its
functions.(4)Withoutlimitingsubsection(3),aboardhasthepowersconferred on it
by this or another Act.8Board to
implement recommendations of communityjustice
group(1)Aboardmustensurethateverywrittenrecommendationofthe
community justice group for the board’s community areaabout
responsible practices relating to the service, supply orpromotion of liquor in the operation of the
canteen in the areais implemented as soon as
practicable.2(2)However,iftheboarddecidesnottoimplementarecommendationmentionedinsubsection(1)becauseitwouldnotbeinthebestinterestsofthecommunityorthe1Under section
3(1), the purpose of the Act is to prevent harm in community
areascaused by alcohol abuse and misuse and
associated violence. Also, theFinancialAdministration and Audit Act 1977,
section 46C(a), provides as follows—Each statutory
body shall—(a)ensurethatitsoperationsarecarriedoutefficiently,effectivelyandeconomically;2For
functions and powers of a community justice group relating to the
operation ofthe canteen in the group’s area, see
theAboriginal Communities (Justice and
LandMatters) Act 1984, section
19(1)(c) and (2) orCommunity Services (Torres Strait)Act
1984, section 85(1)(c) and (2).
s98s9Indigenous Communities Liquor Licences Act
2002board, the board must give written notice to
the group statingthe board’s reasons for its decision.(3)Thenoticemustbegivenwithin14daysaftertheboardbecomes aware of
the group’s recommendation.(4)Attheendofthe14daysmentionedinsubsection(3),theboard or group may refer the matter to
the chief executive forliquor for decision.(5)In deciding the matter, the chief
executive must have regard tothe reasons for
the group’s recommendation and the board’sreasons for its
decision.(6)Theboardmustensurethechiefexecutive’sdecisionisimplemented as soon as
practicable.Division 3Financial
provisions9Payments to be made to indigenous
councils(1)A board must, within 28 days after the
end of each quarter of afinancial year, pay to the indigenous
council for the board’scommunity area an amount representing
75% of the board’snet profits for the quarter.(2)The board must, within 14 days after
the board receives theauditor-general’sreportundertheFinancialAdministrationandAuditAct1977,section46G,paytotheindigenouscouncil the
amount representing the board’s net profits for theyear
less the total of the payments made under subsection (1)to
the indigenous council.(3)For subsection
(2), the board’s net profits for the year is—(a)the
amount of the board’s net profits stated in its annualfinancialstatementspublishedundertheFinancialAdministration
and Audit Act 1977, section 46F(8); or(b)iftheauditor-generalstatesanotheramountfortheboard’snetprofitsinthereportpreparedundersection 46G of
that Act—the other amount.
s
109s 12Indigenous
Communities Liquor Licences Act 2002Division 4Membership10Composition of board(1)A
board comprises the number of members prescribed under aregulation.(2)The
regulation must make provision about the appointment ofa
member as chairperson of the board.(3)Also,
a regulation may make provision about the following—(a)eligibility for appointment, and
appointment, of personsas members;(b)termsanddurationofappointmentofpersonsasmembers.(4)However, a member of an indigenous council
is not eligiblefor appointment as a member.11RemunerationAmemberisentitledtobepaidtheremunerationandallowances decided by the Governor in
Council.12Criminal history checks(1)Aregulationmayprovideforthedisclosurebythecommissionerofthepoliceservicetoastatedentityofaperson’s criminal history for deciding
whether the person issuitable to be appointed as a
member.(2)The entity must—(a)not
use the information for any purpose other than forthe
purpose mentioned in subsection (1); and(b)as
soon as practicable after the information is no longerneeded for the purpose, destroy it.(3)In this section—criminalhistory,ofaperson,meanstheconvictions,otherthanspentconvictions,recordedagainstthepersonforoffences, in Queensland or elsewhere,
whether before or afterthe commencement of this
section.
s
1310s 14Indigenous
Communities Liquor Licences Act 2002spent
convictionmeans a conviction—(a)for
which the rehabilitation period under theCriminalLaw
(Rehabilitation of Offenders) Act 1986has
expiredunder that Act; and(b)thatisnotrevivedasprescribedbysection11ofthatAct.Division 5Business and
conduct of boardmeetings13Conduct of businessSubjecttothisdivision,aboardmayconductitsbusiness,including its
meetings, in the way it considers appropriate.14Times
and places of meetings(1)A board must meet
at least once every 3 months when andwhere it
decides.(2)The chairperson—(a)may
at any time call a meeting of the board; and(b)must
call a meeting if asked, in writing, by—(i)thecommunityjusticegroupfortheboard’scommunity area;
or(ii)at least the number of members forming
a quorumfor the board.(3)Notice of each meeting, including an
adjourned meeting, mustbe given to each member at least 2
days before the day of themeeting unless it is impracticable to
give the notice.(4)The notice must be given in writing,
unless each member hasagreed,inwriting,thatnoticeofmeetingsundersubsection (1) may be given orally.(5)The notice must state—(a)the day and time of the meeting;
and(b)the business to be conducted at the
meeting.
s
1511s 17Indigenous
Communities Liquor Licences Act 200215QuorumA quorum for a
board is the number equal to one-half of thenumber of members
or, if one-half is not a whole number, thenext highest
whole number.16Presiding at meetings(1)The chairperson must preside at all
board meetings at whichthe chairperson is present.(2)If the chairperson is absent from a
board meeting the memberchosen by the members present must
preside.17Conduct of meetings(1)A question at a board meeting is
decided by a majority of thevotes of the
members present.(2)Eachmemberpresentatthemeetinghasavoteoneachquestion to be decided and, if the
votes are equal, the memberpresiding also has a casting
vote.(3)A member present at the meeting who
abstains from voting istaken to have voted for the
negative.(4)A board may hold meetings, or allow
members to take part inits meetings, by using any technology
that reasonably allowsmembers to hear and take part in
discussions as they happen.Example of
technology—Teleconferencing.(5)Amemberwhotakespartinaboardmeetingundersubsection (4) is taken to be present at the
meeting.(6)Aresolutionisvalidlymadebyaboard,evenifitisnotpassed at a board
meeting, if—(a)a majority of its members gives
written agreement to theresolution; and(b)noticeoftheresolutionisgivenunderproceduresapproved by the
board.
s
1812s 19Indigenous
Communities Liquor Licences Act 200218MinutesA board must
keep—(a)minutes of its meetings; and(b)a record of any resolutions made under
section 17(6).19Disclosure of interests by
members(1)This section applies to a member of a
board if—(a)the member has a direct or indirect
interest in an issuebeingconsidered,orabouttobeconsidered,bytheboard; and(b)the
interest could conflict with the proper performanceofthemember’sdutiesabouttheconsiderationoftheissue.(2)Assoonaspracticableaftertherelevantfactscometothemember’s knowledge, the member must disclose
the nature ofthe interest to a board meeting.(3)Unless the board otherwise directs,
the member must not—(a)be present when the board considers
the issue; or(b)take part in a decision of the board
about the issue.(4)Themembermustnotbepresentwhentheboardisconsidering whether to give a direction
under subsection (3).(5)If there is
another member who must, under subsection (2),also disclose an
interest in the issue, the other member mustnot—(a)bepresentwhentheboardisconsideringwhethertogive a direction under subsection (3)
about the member;or(b)takepartinmakingthedecisionaboutgivingthedirection.(6)If—(a)becauseofthissection,amemberisnotpresentataboard meeting for considering or
deciding an issue, orfor considering or deciding whether to
give a directionunder subsection (3); and
s
2013s 20Indigenous
Communities Liquor Licences Act 2002(b)there
would be a quorum if the member were present;the remaining
members present are a quorum of the board forconsideringordecidingtheissue,orforconsideringordeciding whether to give the direction, at
the meeting.(7)Adisclosureundersubsection(2)mustberecordedintheboard’s minutes.(8)Acontraventionofthissectiondoesnotinvalidateanydecisionoftheboardortheperformanceofafunctionorexercise of a power by the board.Division 6Administration20Appointment of administrator(1)This section applies if the Minister
is satisfied on reasonablegrounds—(a)a
board has acted unlawfully or corruptly; or(b)officialmisconduct,undertheCrimeandMisconductAct 2001, is
involved in the performance of the board’sfunctions or
exercise of the board’s powers; or(c)a
board has acted, or is about to act, in a way that—(i)caused, or may cause, a significant
deterioration inits financial viability; or(ii)will or may cause it to become
insolvent; or(d)a board is unable to perform its
functions under the Act.(2)The Governor in
Council may, by gazette notice, appoint asadministratoroftheboard(theadministrator)apersontheMinisterconsidershasappropriatequalificationsandexperience to be the administrator.(3)The administrator must be appointed
for the term, and on theconditions, decided by the Governor in
Council.(4)The administrator—(a)holds
office subject to the direction of the Minister; and
s
2114s 24Indigenous
Communities Liquor Licences Act 2002(b)unlesstheadministratorearlierceasesholdingoffice—ceasesholdingofficewhenthetermoftheappointment ends or, if an earlier day
is stated by thechiefexecutivebygazettenoticeasthedaytheadministration ends, on the earlier
day.21Members go out of officeOn
the appointment of the administrator, the members go outof
office.22Functions and powers of
administrator(1)For all purposes of this and other
Acts, the administrator is theboard.(2)However, a regulation may limit the
functions and powers ofthe administrator.23Administrator to give reportsThe
administrator must give the Minister—(a)areport,atintervalsstatedbytheMinister,ontheboard’sfinancialposition,itsfunctionsandanythingelse the Minister
requires the administrator to include inthe report;
and(b)a final report on the
administration.24Recovery of costs of
administration(1)The Governor in Council may direct the
board to pay to theMinisteranamountstatedinthedirectionasthecostsandexpenses of the administration.(2)The amount may include salary and
allowances payable to anofficer of the public service who is
appointed as administrator.(3)The direction may
state a time for payment.(4)The amount is a
debt payable to the State.
s
2515s 28Indigenous
Communities Liquor Licences Act 2002Division 7Miscellaneous provisions25Delegation(1)A
board may delegate its powers under this Act to a memberor an
appropriately qualified employee of the board.(2)However, a delegation does not affect the
board’s obligationsas a licensee under theLiquor Act
1992.26Protection of
members from civil liability(1)A
member is not civilly liable to someone for an act done, oromissionmade,honestlyandwithoutnegligenceunderthisAct.(2)Ifsubsection(1)preventsacivilliabilityattachingtoamember, the liability attaches instead
to the State.27Reporting requirements(1)Aboardmust,within14daysaftertheendofeachoftheboard’s reporting periods, give the chief
executive a statementintheapprovedformaboutitsoperationsintheprecedingreporting
period.(2)The approved form must include a
statement of the board’sincome and expenditure in each
reporting period.(3)Thechairpersonoftheboardmustcertifywhetherthestatement is in agreement with the
board’s accounts.(4)In this section—reportingperiod,foraboard,meanstheperiodprescribedunderaregulationfortheboardor,ifaperiodisnotprescribed under
a regulation, a month.28Application of
other Acts(1)A board is—(a)a
statutory body under theFinancial Administration andAuditAct1977andtheStatutoryBodiesFinancialArrangements Act
1982; and
s
2916s 31Indigenous
Communities Liquor Licences Act 2002(b)aunitofpublicadministrationundertheCrimeandMisconduct Act 2001.(2)TheStatutoryBodiesFinancialArrangementsAct1982,part 2B,3states the way in which a board’s
powers under thisActareaffectedbytheStatutoryBodiesFinancialArrangements Act 1982.29Board’s sealAboard’ssealmustbekeptinthecustodydirectedbytheboard and may be used only as
authorised by the board.30Judicial notice
of chairperson’s signature and officeJudicial notice
must be taken of—(a)the official signature of a person who
is or has been achairperson; and(b)thefactthatthepersonholdsorhasheldtheofficeconcerned.31Authentication of documentsA
document made by a board, other than a document that isrequired to be sealed, is sufficiently made
if it is signed by thechairperson or a person authorised by
the board.3Statutory Bodies Financial
Arrangements Act 1982, part 2B (Powers under this
Actand relationship with other
Acts)
s
3217s 34Indigenous
Communities Liquor Licences Act 2002Part 3Provisions about generallicences for
canteens32Restriction on application for general
licence(1)Anentity,otherthanaboardoranotherentityprescribedunderaregulation,maynotapplyforagenerallicenceforpremises in a community area.(2)This section applies despite
theLiquor Act 1992, part 5.433Transfer of
general licence(1)A general licence for the canteen in a
community area may, byregulation, be transferred from the
licensee to the board forthe area.(2)The
Minister may recommend the Governor in Council makethe
regulation, only if the Minister—(a)hasconsultedwithresidentsoftheareaabouttheproposed transfer; and(b)issatisfiedthetransferisnecessarytoachievethepurpose of this Act.5(3)However,failuretocomplywithsubsection(2)(a)doesnotaffect the
regulation’s validity.(4)Immediately after
commencement of the regulation, the chiefexecutive for
liquor must reissue the general licence for thecanteentotheboardasifithadbeentransferredundertheLiquor Act 1992, section
113.(5)This section applies despite
theLiquor Act 1992, part 5.34Regulation for implementing
transfer(1)Aregulation(animplementationregulation)maybemadeforgivingeffectto,orallowingorfacilitatingthedoingof4Liquor Act 1992, part 5 (Grant,
variation and transfer of licences and permits)5Under
section 3(1), the purpose of the Act is to prevent harm in
community areascaused by alcohol abuse and misuse and
associated violence.
s
3518s 36Indigenous
Communities Liquor Licences Act 2002anythingforgivingeffectto,thetransferofthegenerallicence for the canteen from the licensee to
the board.(2)Withoutlimitingsubsection(1),aregulationmaybemadeabout the
following—(a)the assets and liabilities of the
licensee relating to thecanteen that are, or are not, assets
and liabilities of thelicensee or board;(b)the
enforcement of contracts, guarantees, undertakingsand
securities entered into or given by or on behalf ofthe
licensee relating to the canteen against the board;(c)theemployment,rightsandentitlementsofthelicensee’semployeesengagedinthemanagementoroperation of the canteen;(d)legal proceedings taken, or that could
have been taken,againstthelicenseerelatingtothecanteenbeingcontinued or
started against the board.(3)Animplementationregulationmayhaveretrospectiveoperation to a
day not earlier than the transfer of the licence.(4)An implementation regulation must
declare it is made underthis section.35Compensation not payableTheStateortheboardisnotliabletopayanyentitycompensation because of—(a)the
transfer of the general licence to the board; or(b)themakingofanimplementationregulationforthetransfer.36Restriction on transfer of general
licence(1)A board may apply for a transfer of
its general licence for thecanteen in its community area only if
the transfer is approvedby the Governor in Council under a
regulation.(2)The regulation must state the name of
the entity to whom thelicence may be
transferred.
s
3719s 39Indigenous
Communities Liquor Licences Act 2002(3)The
Minister may recommend the Governor in Council givetheapproval,onlyiftheMinisterissatisfiedtheboard’smanagement of the
canteen to which the licence relates is nolonger necessary
to achieve the purpose of this Act.(4)This
section applies despite theLiquor Act
1992, part 5.Part 4Offences and legal proceedings37Obstructing members(1)A person must not obstruct or
improperly influence a memberin performing the
member’s functions under this Act.Maximum
penalty—200 penalty units.(2)In this
section—influenceincludes attempt
to influence.obstructincludes hinder,
resist and attempt to obstruct.38Offences under Act are summary(1)An offence against this Act is a
summary offence.(2)A proceeding for the offence must
start within the later of thefollowing periods
to end—(a)1 year after the commission of the
offence;(b)6 months after the offence comes to
the complainant’sknowledge, but within 2 years after the
commission ofthe offence.39Statement of complainant’s knowledgeIn a
complaint starting a proceeding for an offence against thisAct,
a statement that the matter of the complaint came to thecomplainant’sknowledgeonastateddayisevidencethematter came to the complainant’s
knowledge on that day.
s
4020s 41Indigenous
Communities Liquor Licences Act 2002Part 5Miscellaneous provisions40Approved formsThe chief
executive may approve forms for use under this Act.41Regulation-making power(1)TheGovernorinCouncilmaymakeregulationsunderthisAct.(2)A
regulation may be made about the following—(a)fees
payable under this Act;(b)imposing a
penalty of not more than 20 penalty units fora contravention
of a provision of a regulation.
21Indigenous Communities Liquor Licences
Act 2002ScheduleDictionarysection 4administratorsee section
20(2).appropriately qualified, for a person to
whom a power underthis Act may be delegated, includes having
the qualifications,experience or standing appropriate to
exercise the power.approved formmeans a form
approved by the chief executiveunder section
40.boardmeansacommunityliquorlicenceboardestablishedunder part 2,
division 1.canteenmeans premises to
which a general licence relates.chairpersonmeans the
chairperson of a board.chiefexecutiveforliquormeansthechiefexecutiveofthedepartment in
which theLiquor Act 1992is
administered.communityareameanstheareaoftheStateinwhichanindigenous council may exercise
jurisdiction.community justice groupmeans a community
justice groupestablishedundertheAboriginalandTorresStraitIslanderCommunities(Justice,LandandOtherMatters)Act1984,part
4.generallicencemeansagenerallicencegrantedandheldunder theLiquor Act
1992, part 4, division 2.implementation
regulationsee section 34(1).indigenous
councilmeans—(a)a
community government under theLocal
Government(Community Government Areas) Act 2004;
or(b)the Council of the Shire of Aurukun;
or(c)the Council of the Shire of
Mornington; or(d)NPARC; or(e)TSIRC.
22Indigenous Communities Liquor Licences
Act 2002Schedule (continued)membermeans
a member of a board.NPARCmeanstheNorthernPeninsulaAreaRegionalCouncil.TSIRCmeans the Torres
Strait Island Regional Council.
24Indigenous Communities Liquor Licences
Act 20024Table of reprintsReprints are
issued for both future and past effective dates. For the most
up-to-date tableof reprints, see the reprint with the latest
effective date.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.ReprintNo.11A1BAmendments includednone2004
Act No. 372007 Act No. 59Effective24
September 20021 January 200515 March
2008Notes5Tables in earlier reprintsName
of tableCorrected minor errorsReprint
No.16List of
legislationIndigenous Communities Liquor Licences Act
2002 No. 47date of assent 24 September 2002ss
1–2 commenced on date of assentss 45, 89 and 91
commenced 30 December 2002 (see s 2(1) and 2002 SL No. 380)s62commenced25September2003(automaticcommencementunderAIAs 15DA(2))remaining
provisions commenced on date of assentamending
legislation—Local Government (Community Government Areas)
Act 2004 No. 37 ss 1–2, 86 sch 1date of assent 27
October 2004ss 1–2 commenced on date of assentremaining provisions commenced 1 January
2005 (2004 SL No. 266)LocalGovernmentandOtherLegislation(IndigenousRegionalAmendment Act 2007 No. 59 pts 1, 6date
of assent 22 November 2007ss 1–2 commenced on date of
assentremaining provisions commenced 15 March 2008
(2007 SL No. 336)Councils)7List
of annotationsPART 6—AMENDMENT OF LIQUOR ACT 1992pt 6
(ss 42–85)om R1 (see RA ss 7(1)(k) and
40)