Queensland Consolidated Acts
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LIQUOR ACT 1992
TABLE OF PROVISIONS
Long Title
Contents
Part 1--Preliminary
1. Short title
2. Commencement
3. Main purposes of Act
3A. Principle underlying this Act for facilitating and regulating the liquor industry
4. Definitions
4AA. Meaning of entertainment
4A. Meaning of function
4B. Meaning of liquor
4C. Meaning of associate
5. Who is a responsible adult for a minor
6. Acceptable evidence of age
7. Presumed quantity of liquor
8. Venue of sale of liquor
9. Ordinary trading hours
10. When supply of liquor is in association with eating a meal
10A. When meal is taken not to have been prepared and served to be eaten on premises
11. Public place
12. Exemptions
13. Act binds the Crown
Part 2--Jurisdiction of tribunal
Division 1--Jurisdiction of the tribunal
21. Jurisdiction and powers of tribunal
Division 2--Review of decisions by tribunal
29A. Definitions
30. Who may apply for review of decisions
31. Failure to notify about decision
32. Notification of review to interested persons
33. Tribunal to decide review on evidence before the chief executive or the commission
34. Tribunal may give leave for review to be decided on new evidence in particular circumstances
35. Appeals from tribunal only to Court of Appeal on a question of law
Part 3--Administration
42. Power of delegation
42A. Chief executive may issue guidelines
43. Register of licences, permits and applications to be kept
44. Register open to inspection
44A. Owner, lessee, mortgagee and secured creditors to give particulars to chief executive
45. Court officials to furnish particulars
46. Orders for licensed premises etc.
47. Assistance to public authorities
47A. Publication of information on internet etc.
48. Preservation of confidentiality
49. Protection from liability
Part 3A--Risk-assessed management plans
50. Definitions for pt 3A
51. Approval of plan
52. Changing plan
53. Recording change of plan
54. Conditions about approved plan
Part 4--Licences
Division 1--Licences under this Act
58. Available licences
58A. Licences subject to conditions imposed under regulation
Division 2--Commercial hotel licence
59. Principal activity of a business conducted under a commercial hotel licence
60. Authority of commercial hotel licence
61. Restrictions on grant of commercial hotel licence
62. Consumption of liquor on premises by residents and guests
Division 3--Commercial special facility licence
63. Principal activity of a business under a commercial special facility licence
64. Authority of commercial special facility licence
65. Restriction on grant of commercial special facility licence
65A. Consumption of liquor on premises by residents and guests
Division 4--Commercial other licence
Subdivision 1--General
66. Types of commercial other licence
Subdivision 2--Subsidiary on-premises licence
67. Principal activity of a business under a subsidiary on-premises licence
67AA. Principal activity is the provision of entertainment
67A. Principal activity is the provision of meals
67B. Principal activity is the provision of accommodation
67C. Authority of subsidiary on-premises licence
67D. Restriction on grant of subsidiary on-premises licence
67E. Restriction on sale of liquor for consumption off premises
Subdivision 3--Subsidiary off-premises licence
68. Principal activity of a business under a subsidiary off-premises licence
69. Authority of subsidiary off-premises licence
69A. Restriction on grant of subsidiary off-premises licence
Subdivision 4--Bar licence
70. Principal activity of a business under a bar licence
70A. Authority of bar licence
Subdivision 5--Industrial canteen licence
71. Definition for sdiv 5
71A. Principal activity of a business under an industrial canteen licence
71B. Authority of industrial canteen licence
71C. Restriction on grant of industrial canteen licence
Subdivision 6--Producer/wholesaler licence
72. Principal activity of a business under a producer/wholesaler licence
73. Authority of producer/wholesaler licence
74. Restriction on grant of producer/wholesaler licence
75. Restriction on sale of liquor under producer/wholesaler licence
Division 5--Community club licence
76. Principal activity of business under community club licence
77. Authority of community club licence
78. Restrictions on grant of community club licence
79. Requirements of club and secretary
Division 6--Community other licence
80. Principal activity of business under community other licence
81. Authority of community other licence
82. Restriction on grant of community other licence and other related matters
83. Requirements of club and secretary
Division 7--Extended trading hours approval
84. Authority of extended trading hours approval
85. Application for approval
86. Hours to which application may relate etc.
87. Restriction on grant of extended trading hours approval
88. Review of operation of extended trading hours approval
Division 8--Moratorium on extended trading hours approvals
89. Definitions for div 8
90. Restriction on making extended trading hours applications
91. Treatment of certain applications for extended trading hours approvals made before start of moratorium period
92. Certain proceedings in court or tribunal for extended trading hours approvals taken to end
93. Certain court or tribunal decisions of no effect
94. Protection from liability
95. Minister may extend moratorium period
Division 9--Banning use of regular glass in certain licensed premises
96. Definitions for div 9
97. When all or part of licensed premises must be classified as high risk
98. Notice to licensee of licensed premises considered high risk
99. Representations about notice
99A. Ending process without further action
99B. Notice classifying relevant premises as high risk
99C. Obligations of licensee who receives notice that licensed premises are high risk
99D. When licensee may apply to end the banning of regular glass in the licensed premises
99E. Judicial review only to apply to chief executive's decision
99F. Chief executive may publish details of classification of premises on website
99G. Commissioner must provide information
Part 4A--Permits
Division 1--Permits under this Act
100. Available permits
Division 2--Commercial public event permits
101. Definitions for div 2
101A. Commercial public event permit issued jointly to 2 or more licensees
102. Licensee to obtain a commercial public event permit for selling or supplying liquor at public events
103. Restriction on grant of commercial public event permit
103A. Area defined in commercial public event permit forms part of licensed premises
103B. Authority of commercial public event permit
Division 3--Community liquor permit
103C. Authority of community liquor permit
103D. Restriction on grant of community liquor permit
103E. Identification of premises
103F. Restriction on consumption or possession of liquor
Division 4--Extended hours permit
103G. Authority of extended hours permit
103H. Restriction on grant of extended hours permit
103I. Hours to which application may relate etc.
103J. Restriction on number of extended hours permits for particular premises
Division 5--Restricted liquor permit
103JA. Authority of restricted liquor permit
103K. Restriction on grant of restricted liquor permit and other related matters
103L. Duration of permit
103M. Requirements of club and secretary
Division 6--Adult entertainment permit
103N. Adult entertainment code
103O. Only licensees and permittees eligible for grant of adult entertainment permit
103P. Authority of adult entertainment permit
103Q. Approved area to conform with requirements
103R. Duration of adult entertainment permit
103S. Adult entertainment permit dependent on currency of licence or community liquor permit or restricted liquor permit
103T. Restriction on grant of adult entertainment permit
Division 7--Restricted area permits
103U. Authority of restricted area permit
103V. Restriction on grant of restricted area permit
Part 5--Grant, variation and transfer of licences and permits
Division 1--Applications
105. Requirements for applications
106. Who may apply for licence or permit
107. Restrictions on grant of licence or permit
107A. Additional restriction on grant of licence
107B. Additional restriction on grant of permit
107C. Chief executive may impose conditions on licences and permits
107D. Restriction on grant of adult entertainment permit
107E. Suitability of applicant for adult entertainment permit
107F. Application to be referred to commissioner
108. More than 1 licence or adult entertainment permit may be held
109B. Controllers
110. Application for grant of extended hours permit
111. Variation of licence
112. Procedure for variation by chief executive
112A. Compensation not payable for variation
112B. Variation of condition about noise—licensed premises in special entertainment precinct
113. Application for transfer of licence
113A. Transfer of licence or permit held for or on behalf of unincorporated association
115. Chief executive's responsibility on application for transfer or franchising of a licence
116. When community impact statement to be given to chief executive
117. Advice about application etc.
117A. Comments about particular applications
118. Advertisement of applications
118A. Submissions
119. Objection by member of public to grant of applications
119A. Objection by Minister to grant of applications having significant community impact
120. Requirements of objection by petition
121. Matters the chief executive must have regard to
122. Procedure on receipt of objections
123. Chief executive may grant provisional licence
123A. Chief executive may grant authority to trade for staged development
123B. Provisional licence or staged development approval
123C. Effect of provisional licence
124. Effect of staged development approval
125. Temporary authority
126. Variation or transfer to be endorsed on licence
127. Duplicate licence or permit
128. Liability of licensees in certain cases
Division 2--Persons managing affairs of licensees
129. Applications to continue trading in certain circumstances
130. Where approval under s 129 not obtained
131A. Decision by chief executive on application to continue trading in certain circumstances
131B. Section 129 applicants may apply under s 113
132. Discharge of licensee or permittee from obligations
Division 3--Surrender and cancellation of licence or permit
Subdivision 1--Surrender of licences and permits
133. Request to surrender
Subdivision 2--Cancellation, suspension and variation of permits
134. Cancellation, suspension or variation of permits
134A. Ground for taking relevant action relating to adult entertainment permit
134B. Show cause notice
134C. Decision about relevant action relating to adult entertainment permit
135. Summary cancellation, suspension or variation
135A. Compensation not payable for variation
Subdivision 3--Disciplinary action relating to licences
136. Grounds for disciplinary action
137. Procedure for taking disciplinary action in relation to licence
137A. Decision about disciplinary action
137B. Notice to be given about decision of chief executive or commission
137C. Urgent suspension
137D. Amount payable as a debt due to the State
137E. Disciplinary action against former licensee
Subdivision 4--Effect of suspension of licence or permit and other matter
138. Effect of suspension
139. Compensation not payable
Division 4--Closure of premises
140. Closure of unsafe or unhealthy premises
141. Order to close premises for unlawful trading
141A. Closure of premises in face of riot or tumult
Division 4A--Training course certificate requirements
141B. Application of div 4A
141C. Conditions about training course certificates for particular persons
141D. Application of s 136
Division 5--Lock out provisions
142AA. Application of div 5
142AB. Licences and permits subject to lock out condition
142AC. Application of ss 134 and 136 to lock out condition
Division 6--Certain provisions about conditions of licences for Brisbane City Council area
Subdivision 1--Preliminary
142AD. Definitions for div 6
142AE. Application of div 6
142AF. Purpose of div 6
Subdivision 2--Conditions of licences
142AG. Conditions about crowd controllers
142AH. Conditions about closed-circuit television equipment
142AI. Conditions about incident and training registers
142AJ. Conditions about drinking practices
142AK. Compliance with conditions
Subdivision 3--Application of s 136 to conditions under sdiv 2
142AL. Application of s 136
Division 7--Decisions of significant community impact to be made by commission
142AM. Definition for div 7
142AN. Purpose of this division
142AO. Decisions to be made by commission
142AP. Recommendation by chief executive in relation to decision to be made by commission
142AQ. Functions, limitations and protections of commission
142AR. Commission may issue guidelines
142AS. Delegation
Part 5A--Trainers for licensee's course and approved training course
Division 1--Appointment of public service officers as trainers
142A. Appointment of public service officer as trainer
Division 2--Obtaining approval as trainer
142B. Applying for approval as trainer
142C. Deciding application
142D. Grant of application
142E. Refusal of application
Division 3--Renewal
142F. Applying for renewal
142G. Deciding application
142H. Renewal of approval
142I. Refusal to renew approval
142J. Approval continues pending decision about renewal
Division 4--Lapsing of applications
142K. Lapsing of application
Division 5--Cancellation of approvals
142L. Grounds for cancellation
142M. Procedure for cancellation
Part 5B--Review of decisions
142N. Application for review
142O. No stay of operation of decision
142P. Review decision
Part 5C--Approval as approved manager
Division 1--Obtaining approval
142Q. Applying for approval
142R. Deciding application
142S. Grant of application
142T. Refusal to grant application
Division 2--Renewal
142U. Applying for renewal
142V. Deciding application
142W. Renewal of approval
142X. Refusal to renew approval
142Y. Approval continues pending decision about renewal
Division 3--Lapsing of applications
142Z. Lapsing of application
Division 4--Suspension and cancellation of approvals
142ZA. Grounds for suspension or cancellation
142ZB. Show cause notice
142ZC. Representations about show cause notices
142ZD. Ending show cause process without further action
142ZE. Suspension or cancellation
Division 5--Approved managers
142ZF. Responsibility of approved manager etc.
Part 6--Obligatory provisions and offences
Division 1--Provisions binding licensees, permittees, approved managers, employees and agents
143. Particulars to be displayed on premises
143A. Particulars to be displayed for approved area for adult entertainment
144. Change of name requires approval
145. Keeping licence or permit at licensed premises
145A. Production of licence or permit on request
146. Supply contrary to licence or permit
147. Consumption or removal contrary to licence or permit
148. Gratuitous supply of liquor
148A. Obligations of licensees and permittees relating to the service, supply and promotion of liquor
148B. Control of certain advertising by licensees or permittees
149. Employment on licensed premises
149A. Providing adult entertainment without adult entertainment permit
149B. Supervising adult entertainment
150. Notification of change in controlling interest in licensee
151. Unlawful betting or gaming
151A. Betting on licensed premises
152. Prohibition on other use of premises
152A. Change in principal activity of business conducted under a licence
153. Letting or subletting of licensed premises
153A. Sale, supply or consumption of liquor in car park
154. Alteration etc. and maintenance of licensed premises
154A. Relocation of detached bottle shops
154B. Transfer of certain premises
154C. Inclusion or amendment of other premises as part of authority of community club licence
155. Minors on premises
155AA. Minors must not be in approved area when adult entertainment being provided
155AB. Supervision of volunteers—community club licence, community other licence or restricted liquor permit
Division 1A--Provisions binding particular licensees and permittees
155AC. Application of div 1A
155AD. Who must be present or reasonably available at licensed premises etc.
155AE. Approved managers register
155AF. Exemption from obligation under s 155AD(3)
Division 2--Provisions binding all persons
155A. Prohibition on sale to a minor
156. Liquor prohibited to certain persons
156A. Irresponsible supply of liquor to a minor at a private place etc.
156B. Prohibition on sale of undesirable liquor product
156C. Interim prohibition on sale of undesirable liquor product
157. Prohibitions affecting minors
158. False representation of age
159. Wrongful dealing with genuine evidence of age
160. Seizure of document wrongly used as evidence of age
161. Consumption or removal of liquor outside trading hours
162. Taking liquor onto or away from premises subject to subsidiary on-premises licence
163. False representation of intention to dine
164. Conduct causing public nuisance
165. Removal of persons from premises
165A. Refusing entry to premises
165B. Preservation of other rights to prevent entry to premises or remove persons from premises
166. Obstruction generally
167. Ascertainment of age
168. Interference with licence or permit
168A. Advertising adult entertainment
168B. Prohibition on possession of liquor in restricted area
168C. Attempt to take liquor into restricted area
Division 3--Provisions concerning sale of liquor by unlicensed persons or on unlicensed premises
169. Authority required for sale
170. Sale of liquor on premises to which licence or permit relates
171. Carrying or exposing liquor for sale
172. Offer to purchase liquor made elsewhere than at licensed premises
173. Occupier and owner of unlicensed premises liable for sale of liquor etc.
Division 4--Provisions concerning consumption of liquor in certain public places
173A. Definitions
173B. Consumption of liquor in certain public places prohibited
173C. Local government, other than particular local governments, may designate public places where liquor may be consumed
173D. Local government must advertise designation and place signs
173E. Local government must advertise repeal or amendment of designation and remove or alter signs
Part 6A--Restricted areas
Division 1--Preliminary
173F. Purpose of pt 6A
Division 2--Declaration of, and prohibition of possession of liquor in, restricted areas
173G. Declaration of restricted area
173H. Declaration of prohibition of possession of liquor in restricted area
173I. Consultation with community justice groups for declarations
173J. Notice about prohibition of possession of liquor in restricted area
Division 3--Designation of public places where liquor may be consumed
173K. Definition for div 3
173L. Regulation may designate public place in restricted area where certain type of liquor may be consumed
173M. Notice of designation
173N. Suspension of designation
Part 6B--Drink safe precincts
173O. Purpose of pt 6B
173P. Drink safe precinct may be prescribed under regulation
Part 6C--Civil banning orders
Division 1--Preliminary
173Q. Definitions for pt 6C
173R. Purpose of pt 6C
Division 2--Orders
173S. What is a civil banning order
173T. Who may apply for a civil banning order
173U. Application for a civil banning order
173V. Response by respondent
173W. Hearing of application
173X. Making a civil banning order
173Y. Interim civil banning order
173Z. Amending or revoking civil banning order
173ZA. Court may make civil banning order by consent
173ZB. Orders must be explained
173ZC. No costs to be awarded
173ZD. No filing fee is payable
173ZE. Standard of proof
173ZF. General application of rules of court
173ZG. Interaction with criminal proceedings
173ZH. Contravention of civil banning order or interim civil banning order
Division 3--Appeals
173ZI. Appeals
173ZJ. Time for appeal
173ZK. Starting appeal
173ZL. Registrar to give respondent copies of particular documents
173ZM. Stay of operation of decision
173ZN. District Court's powers on appeal
173ZO. No costs on appeal
Division 4--Miscellaneous
173ZP. Service of documents
173ZQ. Commissioner must provide information relevant to applications
173ZR. Chief executive may give copy of order to commissioner
173ZS. Police officer may give copy of order to chief executive
173ZT. Authorised person may give copy of order to licensee
Part 7--Investigators and their powers
Division 1--Exercise of powers
174. Investigators
174A. Powers of community police officers
175. Power to stop and search vehicles etc.
176. Entry and search—monitoring compliance
177. Entry and search—evidence of offences
178. General powers of investigator in relation to places
179. Monitoring warrants
180. Offence-related warrants
181. Warrants may be granted by telephone, facsimile, radio etc.
182. Requirement to give name, address and age
183. Power to require answers to questions
183A. Other powers of seizure
183B. Powers supporting seizure
184. Other powers of investigators
185. Obstruction of investigators
186. Seizure of material associated with representation of age
187. Abatement of nuisance or dangerous activity
Division 2--Provisions relating to seizure
187A. Application
187B. Receipts for seized property
187C. Return of seized property
187D. Access to seized property
187E. Forfeiture of unreturned property
187EA. Forfeiture of seized property to prevent commission of particular offences—investigator
187EB. Forfeiture of seized property to prevent commission of particular offences—chief executive
187EC. Application for return of seized property
187F. Forfeiture on conviction
187G. Dealing with forfeited property
Part 9--Financial provisions
199. Definitions for pt 9
200. Licence period
201. Duration of licence
202. Fees payable for licences and permits
203. Filing of returns
208. Payment of fees
209. Payment of fees by instalments
215. Refund of fee
216. Unpaid fees a debt to State
217. Records to be kept by licensee
218. Powers of examination by investigator
219. Community investment fund
220. Disbursement of fees etc.
Part 10--Miscellaneous provisions
224. Liquor accord
225. Additional time for consumption or removal of liquor
226. Contravention of conditions of licences etc.
227. Payment of penalties to consolidated fund
228. Suspension of licence for offences concerning minors and other persons
228A. Disqualification from holding licence or permit on conviction of certain offences
229. Liability for certain offences against Act
230. Defence to charge if age material
231. False or misleading statements
231A. False, misleading or incomplete documents
231B. Impersonation of investigator
232. Summary proceedings for offences
232B. Commissioner to give information to chief executive
233. Evidentiary provisions
233A. Use of code in proceedings
234. Service of documents
235. Regulation-making power
Part 11--Transitional provisions
Division 1--General
236. Object of part
237. Interpretation
Division 2--Transitional provisions
238. Completion of proceedings in the Court
238A. Disposal of applications for removal
239. Termination of Court
241. Disposal of applications made to Commission
242. Table of corresponding licences
243. Continuance of existing licences
243A. Variation of general licence (previously spirit merchant's (retail) licence)
244. Continuance of existing permits
246. Continuance of business of spirit merchant
247. Review of licences
248. Enforcement of orders etc. under repealed Act
249. Recovery of outstanding amounts
249A. Apportionment of licence fees under s 18B of repealed Act
250. Compensation for certain surrendered general licences
251. References to Liquor Act 1912
Part 12--Further transitional provisions
Division 1--Transitional provisions about restricted club licences for the Liquor Amendment Act (No. 2) 1994
252. Object of division
253. Continuance of existing licences
Division 2--Transitional provisions for Liquor (Evictions, Unlicensed Sales and Other Matters) Amendment Act 1999
254. Meaning of amending Act
255. Transitional provision for amendment of s 169
256. Transitional provision for amendment of s 171
257. Transitional provision for amendment of s 173
258. Transitional provision for amendment of s 228A
Division 3--Transitional provisions for Liquor Amendment Act 2001
259. Transitional provision for tribunal
260. Transitional provision for certain general licences
261. Transitional provision for applications under pt 5
262. Transitional provision for temporary authority
263. Continuation of notices under s 187
264. Effect of s 85(1C) in relation to club licences
265. Review of licences
Division 4--Transitional provision for Indigenous Communities Liquor Licences Act 2002
266. Licence applications for community areas
Division 5--Transitional provision for Liquor Amendment Act 2003
267. Dealing with particular application or nomination
Division 6--Transitional provisions for Liquor and Other Acts Amendment Act 2005
268. Definitions for div 6
269. Dealing with nomination of nominee
270. Particular person ceases to be nominee
271. Application for variation of particular licence
272. Application for renewal of extended hours permit
273. Provisional licences continue in force
274. Provision about current training course certificates
275. When particular conditions under pt 5, div 6 apply
Division 7--Transitional provisions for Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and Other Acts Amendment Act 2008
Subdivision 1--General licence held by a local government, corporatised corporation or relevant public sector entity, other than the Torres Strait Island Regional Council
276. Definitions for sdiv 1
277. Application of sdiv 1
278. Lapsing of relevant licence
279. Continuation of relevant licence
280. Application for the transfer of a relevant licence
281. No further application for the transfer of a relevant licence
Subdivision 2--General licence held by the Torres Strait Island Regional Council
282. Definitions for sdiv 2
283. Application of sdiv 2
284. Lapsing of relevant licence
285. Continuation of relevant licence
286. Application for the transfer of a relevant licence
287. No further application for the transfer of a relevant licence
Division 8--Transitional provisions for Liquor and Other Acts Amendment Act 2008
288. Definitions for div 8
289. Existing licences
290. Existing permits
291. Extended hours permit that includes trading between 5a.m. and 7a.m. or between 7a.m. and 10a.m.
292. Existing application for column 1 licence etc.
293. Nominee for a licence or permit
294. Training course certificate requirement
295. Risk-assessed management plan conditions
Division 9--Transitional provision for Resorts and Other Acts Amendment Act 2009
296. Approved hours for commercial special facility licence
Division 10--Transitional provisions for Gambling and Other Legislation Amendment Act 2009
297. Definitions for div 10
298. Existing permit for trading on a regular basis between 12 midnight and 5a.m.
Division 11--Transitional provisions for Liquor and Other Legislation Amendment Act 2010
299. Definitions for div 11
300. Application for licence made before commencement
301. Application for extended trading hours approval made before commencement
302. Application for variation of licence made before commencement
303. Variation of licence started but not dealt with at commencement
304. Disciplinary action started but not dealt with at commencement
305. Extended trading hours already authorised
306. Application of civil banning orders
307. Amendment of regulation
SCHEDULE -- RULES OF CLUBS
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