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Gambling and Liquor Legislation Amendment (Reduction of Red Tape) Act 2014

No. 21 of 2014

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purpose 12 Commencement 2

PART 2—AMENDMENTS TO THE GAMBLING REGULATION ACT 2003 3

3 Two up may be played on ANZAC Day 3

PART 3—AMENDMENTS TO THE LIQUOR CONTROL REFORM ACT 1998 4

4 Definitions 45 Exemption from Act—bed and breakfast businesses 66 Exemption from Act—florist or giftmaker 67 Exemption from Act—hairdressers 68 Exemption from Act—butchers 79 New sections 6E, 6F, 6G and 6H inserted 7

6E Exemption from Act—hospitals 76F Exemption from Act—residential care services 86G Exemption from Act—retirement villages 86H Exemption from Act—cruise ships 9

10 General licence 911 Club licence 912 Late night licence 1013 Limited licence 1014 Restrictions on grant of club licences 1015 Variation of licence or BYO permit at initiative of Commission 1016 Allowing minors on licensed or authorised premises 1117 New section 184 inserted 12

184 Transitional provision—Gambling and Liquor Legislation Amendment (Reduction of Red Tape) Act 2014 12

1

PART 4—REPEAL OF AMENDING ACT 13

18 Repeal of amending Act 13═══════════════

ENDNOTES 14

Gambling and Liquor Legislation Amendment (Reduction of Red Tape)

Act 2014†

No. 21 of 2014

[Assented to 1 April 2014]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purpose

The main purpose of this Act is to amend the Gambling Regulation Act 2003 and the Liquor Control Reform Act 1998 to further improve the operation of those Acts.

Victoria

1

2 Commencement

(1) Subject to subsection (2), 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 by 1 June 2015, it comes into operation on that day.

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s. 2 Section Page

2

PART 2—AMENDMENTS TO THE GAMBLING REGULATION ACT 2003

3 Two up may be played on ANZAC Days. 3

See:Act No.114/2003.Reprint No. 5as at16 August 2012and amendingAct Nos27/2013 and 70/2013.LawToday:www.legislation.vic.gov.au

In section 2.3.2 of the Gambling Regulation Act 2003—

(a) in subsection (1)(b), omit "Minister on the recommendation of the";

(b) subsection (2) is repealed;

(c) in subsection (3)(c), omit "Minister on the recommendation of the";

(d) subsection (4) is repealed.

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Part 4—Repeal of Amending Act


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PART 3—AMENDMENTS TO THE LIQUOR CONTROL REFORM ACT 1998

4 Definitionss. 4

See:Act No.94/1998.Reprint No. 7as at1 May 2013and amendingAct Nos41/2013 and 70/2013.LawToday:www.legislation.vic.gov.au

(1) In section 3(1) of the Liquor Control Reform Act 1998 insert the following definitions—

"cruise ship means a ship that—

(a) has sleeping facilities for at least 100 passengers, other than crew members; and

(b) is used to transport passengers for a fee, whether within or outside State waters or in the course of overseas or interstate journeys;

hospital means any of the following—

(a) a denominational hospital within the meaning of the Health Services Act 1988;

(b) a designated public hospital within the meaning of the Health Services Act 1988;

(c) a metropolitan hospital within the meaning of the Health Services Act 1988;



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(d) a private hospital within the meaning of the Health Services Act 1988;

(e) a privately-operated hospital within the meaning of the Health Services Act 1988;

(f) a public hospital within the meaning of the Health Services Act 1988;

live music event means an event at which takes place the creation or manipulation of sound for artistic, cultural or religious purposes, and which is performed to an audience;

residential care service has the same meaning as in the Health Services Act 1988;

retirement village has the same meaning as in the Retirement Villages Act 1986;".

(2) In section 3(1) of the Liquor Control Reform Act 1998, for the definition of bed and breakfast business substitute—

"bed and breakfast business means a business that provides temporary accommodation, other than dormitory style accommodation, for not more than 8 adults in the course of that business;".

(3) In section 3(1) of the Liquor Control Reform Act 1998, in the definition of ordinary trading hours, after paragraph (d) insert—

"(e) the following hours in addition to the ordinary trading hours referred to in paragraph (a), (b), (c) or (d)—

(i) in relation to an on-premises licence, late night (on-premises) licence or BYO permit—the hours between

s. 4Part 4—Repeal of Amending Act


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5

11 p.m. on 31 December and 1 a.m. on 1 January;

(ii) in relation to a restaurant and cafe licence, on-premises licence subject to restaurant conditions or late night (on-premises) licence subject to restaurant conditions—the hours between 11 p.m. on 31 December and 3 a.m. on 1 January;".

5 Exemption from Act—bed and breakfast businesses

(1) Section 6A(1)(a) of the Liquor Control Reform Act 1998 is repealed.

(2) For section 6A(1)(d) of the Liquor Control Reform Act 1998 substitute—

"(d) not more than 750ml of liquor is supplied in any one day per room that is occupied for the purposes of temporary accommodation.".

(3) Section 6A(2) and (3) of the Liquor Control Reform Act 1998 are repealed.

(4) For the notes at the foot of section 6A of the Liquor Control Reform Act 1998 substitute—"Note

It is an offence under section 107 for a person who is not a licensee to sell or offer liquor for sale.".

6 Exemption from Act—florist or giftmaker

(1) Section 6B(2) and (3) of the Liquor Control Reform Act 1998 are repealed.

(2) For the notes at the foot of section 6B of the Liquor Control Reform Act 1998 substitute—"Note




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7 Exemption from Act—hairdressers

(1) Section 6C(2) and (3) of the Liquor Control Reform Act 1998 are repealed.

(2) For the notes at the foot of section 6C of the Liquor Control Reform Act 1998 substitute—"Note


8 Exemption from Act—butchers

(1) Section 6D(2) and (3) of the Liquor Control Reform Act 1998 are repealed.

(2) For the notes at the foot of section 6D of the Liquor Control Reform Act 1998 substitute—"Note


9 New sections 6E, 6F, 6G and 6H inserted

After section 6D of the Liquor Control Reform Act 1998 insert—

"6E Exemption from Act—hospitals

A person who owns or operates a hospital is exempt from any requirement of this Act to hold a licence in relation to the supply of liquor to a patient of the hospital, or a visitor of the patient, if the following conditions are met—

(a) the liquor is not supplied to a minor; and

(b) the person purchased the liquor on a retail basis; and



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(c) not more than 2 standard drinks are supplied to each recipient in any one day.

Note

It is an offence under section 107 for a person who is not a licensee to sell or offer liquor for sale.

6F Exemption from Act—residential care services

A person who owns or operates a residential care service is exempt from any requirement of this Act to hold a licence in relation to the supply of liquor to a resident of the residential care service, or a visitor of the resident, if the following conditions are met—




Note


6G Exemption from Act—retirement villages

A person who owns or operates a retirement village is exempt from any requirement of this Act to hold a licence in relation to the



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supply of liquor to a resident of the retirement village, or a visitor of the resident, if the following conditions are met—




Note


6H Exemption from Act—cruise ships

A person who owns or operates a cruise ship is exempt from any requirement of this Act to hold a licence in relation to the supply of liquor by that person, if the following conditions are met—

(a) the liquor is only supplied to the registered passengers or crew members of the cruise ship; and

(b) the liquor is only supplied for consumption aboard the cruise ship.

Note


10 General licence

After section 8(1)(b) of the Liquor Control Reform Act 1998 insert—



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9

"(ba) to supply liquor on the licensed premises between 11 p.m. on 31 December and 1 a.m. on 1 January for consumption on the licensed premises; and".

11 Club licence

After section 10(2) of the Liquor Control Reform Act 1998 insert—

"(2A) A full club licence also authorises the licensee to supply liquor on the licensed premises to a member of the club, an authorised gaming visitor or a guest of a member between 11 p.m. on 31 December and 1 a.m. on 1 January for consumption on the licensed premises.".

12 Late night licence

After section 11A(2)(b) of the Liquor Control Reform Act 1998 insert—

"(ba) to supply liquor on the licensed premises between 11 p.m. on 31 December and 1 a.m. on 1 January for consumption on the licensed premises; and".

13 Limited licence

Section 14(2)(a) and (3) of the Liquor Control Reform Act 1998 are repealed.

14 Restrictions on grant of club licences

In section 25(1) of the Liquor Control Reform Act 1998—

(a) in paragraph (a), for "comply; and" substitute "comply.";

(b) paragraph (b) is repealed.

15 Variation of licence or BYO permit at initiative of Commission



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After section 58(2)(b) of the Liquor Control Reform Act 1998 insert—

"(ba) a variation of the times within ordinary trading hours between 31 December and 1 January at which the licence or permit authorises the supply of liquor;".

16 Allowing minors on licensed or authorised premises

(1) After section 120(2)(b) of the Liquor Control Reform Act 1998 insert—

"(ba) to the presence on any part of the licensed premises or authorised premises of a person under the age of 18 at which—

(i) a live music event is being held in accordance with notice given to the Commission in accordance with subsection (2B) and any conditions prescribed for the purposes of this section; and

(ii) liquor is not supplied, consumed or made available on that part of the premises; or".

(2) After section 120(2A) of the Liquor Control Reform Act 1998 insert—

"(2B) A notice for the purposes of subsection (2)(ba) must be given to the Commission at least 7 business days prior to the date of the live music event and must contain the following details—



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(a) the name of the event; and

(b) the date and start and finish times of the event; and

(c) the times at which persons under the age of 18 will be present at the event; and

(d) any other prescribed details.".

17 New section 184 inserted

After section 183 of the Liquor Control Reform Act 1998 insert—

"184 Transitional provision—Gambling and Liquor Legislation Amendment (Reduction of Red Tape) Act 2014

(1) On and after the commencement of section 13 of the Gambling and Liquor Legislation Amendment (Reduction of Red Tape) Act 2014, any condition on a limited licence for the purpose of a club that was imposed by the Commission in relation to section 14(3) (as in force immediately before the commencement of section 13 of the Gambling and Liquor Legislation Amendment (Reduction of Red Tape) Act 2014) is removed.

(2) On and after the commencement of section 14 of the Gambling and Liquor Legislation Amendment (Reduction of Red Tape) Act 2014, any condition on a club licence that was imposed by the Commission in relation to section 25(1)(b)



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(as in force immediately before the commencement of section 14 of the Gambling and Liquor Legislation Amendment (Reduction of Red Tape) Act 2014) is removed.".

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PART 4—REPEAL OF AMENDING ACT

18 Repeal of amending Act

This Act is repealed on 1 June 2016.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

Endnotes


No. 21 of 2014

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† Minister's second reading speech—

Legislative Council: 18 February 2014

Legislative Assembly: 12 March 2014

The long title for the Bill for this Act was "A Bill for an Act to amend the Gambling Regulation Act 2003 and the Liquor Control Reform Act 1998 to further improve the operation of those Acts and for other purposes."

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