Liquor and Accommodation Amendment Act 2002

Liquor and Accommodation Amendment Act 2002

An Act to amend the Liquor and Accommodation Act 1990

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Liquor and Accommodation Amendment Act 2002 .

2.   Commencement

The provisions of this Act commence on a day or days to be proclaimed.

3.   Principal Act

In this Act, the Liquor and Accommodation Act 1990 is referred to as the Principal Act.

4.   Long title amended

The long title of the Principal Act is amended by omitting ", to provide for the licensing of certain accommodation and to provide an appellation system for Tasmanian wine" and substituting "and to provide for the licensing of certain accommodation".

5.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended as follows:

(a) by inserting the following definition after the definition of accommodation permit :

accommodation scheme means a scheme relating to standards of accommodation;

(b) by omitting the definition of appellation wine and substituting the following definition:

approved accommodation scheme means an accommodation scheme approved under section 105 ;

(c) by omitting the definition of light beer ;

(d) by omitting the definition of liquor guidelines ;

(e) by omitting the definition of local wine ;

(f) by omitting the definition of reduced alcohol wine and substituting the following definition:

restaurant means premises in which the principal activity is serving food for consumption on the premises;

(g) by omitting the definitions of Tasmanian wine , tourist accommodation , wine producers licence and wine standard and substituting the following definitions:

Tasmanian wine means wine produced in Tasmania from fruit of which at least 85% is grown in Tasmania;

tourist accommodation means tourist accommodation as referred to in section 104 .

6.    Section 4A inserted

After section 4 of the Principal Act , the following section is inserted in Part 1:

4A.   Strategic plan

(1)  The Minister is to prepare a strategic plan in respect of the sale of liquor in consultation with any person or body the Minister considers appropriate.

(2)  The Minister is to review a strategic plan at least once every 5 years.

7.    Section 10 substituted

Section 10 of the Principal Act is repealed and the following section is substituted:

10.   Club licence

A club licence –

(a) authorises the sale of liquor between 5a.m. and midnight on any day on the premises of the club specified in the licence to prescribed persons for consumption on or off those premises; and

(b) is subject to any conditions relating to record-keeping of membership and visitors to the club as specified in the licence.

8.    Section 17 repealed

(1)  Section 17 of the Principal Act is repealed.

(2)  Any guidelines published by the Licensing Board under section 17 of the Principal Act before the commencement of this section cease to have effect on and from that commencement.

9.    Section 22 amended (Qualifications for liquor licence)

Section 22(1) of the Principal Act is amended as follows:

(a) by omitting from paragraph (b)(ii) "sought." and substituting "sought; and";

(b) by inserting the following paragraph after paragraph (b) :

(c) who has –

(i) successfully completed a course or traineeship approved by the Commissioner relating to the sale of liquor; or

(ii) obtained suitable qualifications in a trade or profession that the Commissioner is satisfied is relevant to the holding of a liquor licence.

10.    Section 23 amended (Application for liquor licence)

Section 23 of the Principal Act is amended as follows:

(a) by inserting the following paragraph after paragraph (a) in subsection (1) :

(ab) be accompanied by documentation that claims to demonstrate that sound commercial principles have been applied in the development of the business for which the liquor licence is sought; and

(b) by inserting the following subsections after subsection (2) :

(3)  An applicant for a liquor licence is to give public notice of the application.

(4)  A public notice is to –

(a) be in a form approved by the Commissioner; and

(b) contain a statement that representations in respect of the application may be made; and

(c) be placed in a prominent position on the premises in respect of which the licence is sought, if the Commissioner so directs; and

(d) be published in a daily newspaper circulating in the area in which the premises are situated, if the Commissioner so directs.

(5)  The Commissioner is to make available on request a copy of an application, excluding documentation provided under subsection (1)(ab) .

11.    Section 23A inserted

After section 23 of the Principal Act , the following section is inserted in Division 2:

23A.   Representations relating to liquor licences

(1)  A person may make a written representation to the Commissioner in respect of an application for a liquor licence.

(2)  A representation is to be made within 14 days after whichever of the following is the later:

(a) a public notice is placed according to section 23(4)(c) ;

(b) a public notice is published in accordance with section 23(4)(d) .

(3)  After receiving a representation, the Commissioner is to forward the representation to the Board together with the application if required to do so under section 24(2) .

12.    Section 24 amended (Consideration of application for liquor licence)

Section 24(2) of the Principal Act is amended by omitting "the Commissioner shall refer the application" and substituting ", the Commissioner, within 30 days after public notice of the application is given under section 23(3) , is to refer the application and any representations made under section 23A ".

13.    Section 25 amended (Grant of licence)

Section 25 of the Principal Act is amended as follows:

(a) by inserting the following paragraph after paragraph (a) in subsection (2) :

(ab) unless satisfied that the applicant has –

(i) successfully completed the course or traineeship referred to in section 22(1)(c)(i) ; or

(ii) the qualifications referred to in section 22(1)(c)(ii) ; and

(b) by inserting the following subsection after subsection (2) :

(3)  The Board, on the advice of the Commissioner, may direct the Commissioner not to grant a liquor licence on the ground that documentation provided under section 23(1)(ab) does not demonstrate that sound commercial principles have been applied in the development of the business for which the liquor licence is sought.

14.    Section 42 amended (Cancellation and suspension of licence)

Section 42(1) of the Principal Act is amended as follows:

(a) by inserting the following paragraph after paragraph (f) :

(fa) in the case of an on-licence granted in respect of premises operating as a restaurant, the licensee is no longer using the premises as a restaurant; or

(b) by omitting subparagraph (iii) from paragraph (j) and substituting the following :

(iii) the club has failed to comply with, or has contravened, any applicable regulations or condition specified in the licence; or

(vi) the principal activity of the club is the sale or consumption of liquor –

15.    Section 105 substituted

Section 105 of the Principal Act is repealed and the following sections are substituted:

105.   Approval of accommodation scheme

(1)  The Commissioner is to –

(a) determine the minimum requirements to be met by an approved accommodation scheme; and

(b) notify the minimum requirements by notice published in the Gazette.

(2)  The Board, on the recommendation of the Commissioner, may approve an accommodation scheme if satisfied that the scheme meets the minimum requirements as determined by the Commissioner.

(3)  The Board, on the recommendation of the Commissioner, may withdraw approval of an accommodation scheme if it considers it appropriate to do so.

105A.   List of approved accommodation schemes

The Commissioner is to –

(a) keep a list of all approved accommodation schemes; and

(b) make the list available for public inspection during normal business hours.

105B.   Tourist accommodation

(1)  A person must not provide tourist accommodation in respect of premises unless –

(a) the provision of that accommodation on the premises is authorised by –

(i) an accommodation licence; or

(ii) an accommodation permit; or

(iii) a general accommodation exemption under section 108(1) ; or

(b) the person –

(i) is a participant in an approved accommodation scheme in respect of the premises; and

(ii) has provided the Commissioner with written evidence of that fact.

Penalty:  Fine not exceeding 40 penalty units.

(2)  If a person who is a participant in an approved accommodation scheme ceases to be a participant and continues to provide tourist accommodation, the person must notify the Commissioner accordingly in writing within 7 days of so ceasing.

Penalty:  Fine not exceeding 10 penalty units.

(3)  A person who ceases to be a participant in an approved accommodation scheme is taken to be a participant for the purpose of this section for a period of 30 days after so ceasing.

105C.   Audit of approved accommodation schemes

(1)  The Commissioner is to audit an approved accommodation scheme –

(a) within 3 years after the scheme is approved; and

(b) at any other time the Commissioner considers necessary.

(2)  The Commissioner is to provide the Board with –

(a) details of the result of the audit; and

(b) any recommendation as to whether the approved accommodation scheme should remain approved.

105D.   Licences and permits terminated

If a person becomes a participant in an approved accommodation scheme in respect of premises providing tourist accommodation, an accommodation licence or accommodation permit granted to that person in respect of the premises is terminated on the person becoming such a participant.

105E.   Display of notice

A participant in an approved accommodation scheme must display a notice to that effect in a conspicuous position on the premises providing the tourist accommodation to which the scheme relates.

Penalty:  Fine not exceeding 10 penalty units.

105F.   Register of tourist accommodation

The Commissioner is to keep a register of premises that provide tourist accommodation in accordance with section 105B .

16.    Section 107 amended (Accommodation permits)

Section 107(1)(a) of the Principal Act is amended by omitting "during" and substituting "subject to section 105D , during".

17.    Section 109 amended (Accommodation standards)

Section 109 of the Principal Act is amended as follows:

(a) by omitting from subsection (1)(b) "by tourist accommodation in each such classification" and substituting "in the provision of tourist accommodation on premises authorised by an accommodation licence or accommodation permit";

(b) by omitting from subsection (3) "by encouraging and facilitating the orderly development of the hospitality industry in the State".

18.    Section 156 amended (Licence fees)

Section 156 of the Principal Act is amended by inserting after subsection (2) the following subsection:

(3)  The Commissioner may refund part of a licence fee or permit fee if the licence or permit is terminated under section 105D .

19.    Section 158A amended (Liability of accommodation provider for lost, destroyed or damaged property)

Section 158A(1) of the Principal Act is amended by inserting after paragraph (b) in the definition of accommodation provider the following paragraph:

(ba) is a participant in an approved accommodation scheme; or

20.    Part 4 repealed

Part 4 of the Principal Act is repealed.

21.    Section 206 amended (Licensing Board)

Section 206 of the Principal Act is amended as follows:

(a) by omitting subsections (2) , (3) , (4) , (5) , (6) and (7) and substituting the following subsection:

(2)  The Board consists of 6 members appointed by the Governor of whom –

(a) one is a legal practitioner who is the chairperson of the Board; and

(b) one is a person with experience in the hotel industry nominated by the Minister after consultation with the Australian Hotels Association; and

(c) one is a person with experience in the management of clubs nominated by the Minister after consultation with The Registered Clubs of Tasmania Co-operative Society Limited; and

(d) one is a person nominated by the Minister after consultation with the Australian Liquor, Hospitality and Miscellaneous Workers Union; and

(e) one is a person nominated by the Minister after consultation with the Restaurant and Caterers Association; and

(f) one is a person nominated by the Minister after consultation with the responsible Department in relation to the Public Health Act 1997 .

(b) by omitting from subsection (8) "or deputy member";

(c) by omitting from subsection (9) "or deputy member";

(d) by omitting from subsection (10) "or deputy member";

(e) by omitting from subsection (11) "2" and substituting "4";

(f) by omitting from subsection (12) "or deputy member".

22.    Section 211 amended (Right to appeal to Board)

Section 211 of the Principal Act is amended as follows:

(a) by omitting from paragraph (h) "accommodation;" and substituting "accommodation.";

(b) by omitting paragraph (i) .

23.    Section 213 amended (Hearings by Board)

Section 213 of the Principal Act is amended as follows:

(a) by omitting subsection (1) and substituting the following subsection:

(1)  The Board is to –

(a) fix a time and place for a hearing in respect of an application or appeal; and

(b) inform the Commissioner, the applicant or appellant and any person who made a representation in respect of the application or appeal accordingly; and

(c) provide the applicant or appellant with a copy of any representation.

(b) by omitting from subsection (5) "presiding member" and substituting "chairperson".

24.    Section 216 amended (Policy to be followed when considering an application for a licence or permit)

Section 216 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "by encouraging and facilitating the orderly development of the hospitality industry in the State";

(b) by omitting from subsection (2) "community the" and substituting "community, the".

25.    Section 222A inserted

After section 222 of the Principal Act , the following section is inserted in Division 3:

222A.   Statistical information

(1)  A person who grows grapes or produces wine must provide statistical information to the Minister responsible for the administration of the Dairy Industry Act 1994 when, and in the manner, required by that Minister.

Penalty:  Fine not exceeding 15 penalty units.

(2)  A person, in providing any information, must not –

(a) make a statement knowing it to be false or misleading; or

(b) omit any matter knowing that without that matter the information is misleading.

Penalty:  Fine not exceeding 15 penalty units.

26.    Section 223 amended (Powers of Commissioner of Taxes)

Section 223 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:

(1)  In this section –

Commissioner of Taxation means the Commissioner of Taxation appointed under the Taxation Administration Act 1953 of the Commonwealth;

Commissioner of Taxes means the Commissioner of State Revenue appointed under the Taxation Administration Act 1997 .

27.    Section 224A inserted

After section 224 of the Principal Act , the following section is inserted in Part 6:

224A.   Savings and transitional provisions relating to members of Board

The savings and transitional provisions specified in Schedule 1A have effect in respect of members of the Board.

28.    Section 226 amended (Regulations)

Section 226(2) of the Principal Act is amended by inserting after paragraph (b) the following paragraph:

(ba) prescribe matters in relation to the granting of liquor licences and liquor permits; and

29.    Schedule 1A inserted

After Schedule 1 to the Principal Act , the following Schedule is inserted:

SCHEDULE 1A - Savings and transitional provisions relating to members of Board

Section 224A

1.   Interpretation

In this Schedule –

commencement day means the day on which section 2 of the Liquor and Accommodation Amendment Act 2002 commences;

member means a member of the Board.

2.   Membership continued

A person who, immediately before the commencement day, was a member continues, on and after that day, to be a member until –

(a) the term of appointment as specified in the member's instrument of appointment expires; or

(b) the expiration of 6 months after that day –

whichever is the earlier.

3.   Guidelines

Any guidelines published before the commencement day cease to have effect on and from that day.

4.   Appeals

Any appeal made but not heard or determined by the Board before the commencement day may, on and after that day, be heard and determined by the Board as constituted after that day.

5.   Directions

Any direction to the Commissioner made by the Board before the commencement day but not acted on before that day is, on and after that day, a direction of the Board as constituted after that day.

[Second reading presentation speech made in:

House of Assembly on 21 MARCH 2002

Legislative Council on 22 MAY 2002]