South Australian Consolidated Acts South Australian Consolidated Acts11A—Commissioner's codes of practice
(1) For the purposes
of this Act, the Commissioner may, by notice in the Gazette, publish a code of
practice that has been approved by the Minister.
(2) A code of practice
may include measures designed for any of the following purposes:
(a) to
minimise the harmful and hazardous use of liquor or promote responsible
attitudes in relation to the promotion, sale, supply and consumption of
liquor;
Examples—
•
Measures requiring staff to undertake specified accredited training.
•
Measures prohibiting advertising of liquor in a manner likely to result
in the liquor having a special appeal to minors or being mistaken for
confectionery or non-alcoholic beverage.
•
Measures otherwise regulating advertising of liquor or licensed
premises or schemes for the promotion of liquor or licensed premises.
•
Measures requiring steps to be taken to prevent liquor from being sold
or supplied to intoxicated persons.
(b) to
minimise offence, annoyance, disturbance or inconvenience to people who
reside, work or worship in the vicinity of licensed premises, or to minimise
prejudice to the safety or welfare of children attending kindergarten, primary
school or secondary school in the vicinity of licensed premises, resulting
from activities on the licensed premises, or the conduct of people making
their way to or from the licensed premises;
(c) to
prevent offensive behaviour on licensed premises (including offensive
behaviour by persons providing or purporting to provide entertainment (whether
live or not) on the licensed premises);
(d) to
protect the safety, health or welfare of customers, staff or both;
(e) to
protect the safety, health or welfare of minors on licensed premises;
(f) to
ensure public order and safety at events expected to attract large crowds;
(fa) to
impose special requirements for the sale of liquor for consumption on licensed
premises between 4 am and 7 am on any day for the purpose of
reducing alcohol-related crime and anti-social behaviour;
Examples—
•
Measures prohibiting the supply of liquor for consumption on any part
of the licensed premises comprised of a footpath or other outdoor area.
•
Measures requiring security to be provided by means of closed circuit
television or similar electronic surveillance and the retention of recorded
images.
•
Measures requiring the presence of an authorised person performing the
duty of promoting responsible attitudes in relation to the sale, supply and
consumption of liquor as his or her principal duty.
•
Measures prohibiting the sale of liquor in a form that may encourage
rapid or excessive consumption of liquor.
•
Measures prohibiting the sale of liquor in glass containers in
circumstances of high risk.
•
Measures requiring incidents to be recorded in a register that will be
made available for inspection by authorised persons.
(g) to
otherwise promote compliance with the provisions and objects of this Act.
(3) A code of practice
may—
(a) be
of general or limited application; and
(b) vary
in operation according to factors stated in the code; and
(c)
provide for the granting by the Commissioner of exemptions (conditional or
unconditional) from specified provisions of the code.
(4) The Commissioner
may, by subsequent notice in the Gazette, vary or revoke a code of practice.
(5) A notice published
in the Gazette under this section may come into operation on the day on which
it is published or on a later day or days specified in the notice.
(6) Sections 10 and
10A of the Subordinate Legislation Act 1978 apply to a notice published
in the Gazette under this section as if it were a regulation within the
meaning of that Act.