{"id":"a-2010-35","name":"Liquor Act 2010","slug":"liquor-act-2010","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"35 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23883,"registerId":"act-a-2010-35-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Liquor Act 2010.\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘identity card—see the Fair Trading\n(Australian Consumer Law) Act 1992, dictionary.’ means that the term\n‘identity card’ is defined in that dictionary and the definition applies to\nthis Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nIntroduction Division 1.1\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Application of Act—generally","content":"6 Application of Act—generally\nThis Act does not apply to the following:\n(a) the administration, dispensing or sale of liquor for medicinal\npurposes—\n(i) by or under the direction of a doctor; or\n(ii) by a pharmacist;\n(b) the supply, possession, consumption or purchase of liquor that\nis authorised by a law in force in the Territory.\nExamples—par (b)\n1 Defence Act 1903 (Cwlth), s 123A\n2 Army and Air Force (Canteen) Regulation 2016 (Cwlth), s 34\n7 Application of Act—sale of liquor\n(1) The provisions of this Act relating to the sale of liquor do not apply\nto the following:\n(a) the duty-free sale of liquor;\n(b) the sale of liquor for someone else by an auctioneer, by auction,\nin the ordinary course of the auctioneer’s business;\n\n(c) the sale by, or on behalf of, the Commonwealth or the Territory\nof liquor seized under a law in force in the ACT.\nCollector means a Collector under the Customs Act 1901 (Cwlth),\nsection 8.\nduty-free sale means a sale for which permission by a Collector is\ngiven under the Customs Act 1901 (Cwlth), section 96A (2).\n","sortOrder":4},{"sectionNumber":"8","sectionType":"section","heading":"Application of Act—sale of liquor at universities","content":"8 Application of Act—sale of liquor at universities\n(1) The provisions of this Act relating to the sale of liquor do not apply\nto the sale of liquor in an exempt university building.\n(a) the person sells liquor; and\n(b) the sale happens in an exempt university building; and\n(c) the sale is in contravention of a statute of the university.\n(a) the person purchases liquor; and\n(b) the purchase happens in an exempt university building; and\n(c) the purchase is in contravention of a statute of the university.\nexempt university building means a building—\n(a) that is occupied by—\n(i) a university; or\n\nIntroduction Division 1.1\n(ii) a residential college affiliated with a university under a\nstatute of the university; and\n(b) in which the sale of liquor is authorised by a statute of the\nuniversity.\nuniversity means the—\n(a) Australian National University; or\n(b) University of Canberra.\n","sortOrder":5},{"sectionNumber":"8A","sectionType":"section","heading":"Application of Act—supply of liquor by exempt business","content":"8A Application of Act—supply of liquor by exempt business\n(1) The provisions of this Act relating to the supply of liquor do not apply\nif—\n(a) the supply is in the course of conducting an exempt business;\nand\n(b) the liquor is not supplied to a child or young person.\n(2) A declaration under subsection (3), definition of exempt business,\nparagraph (f) is a disallowable instrument.\n(3) In this section:\nexempt business means any of the following:\n(a) a business providing traveller accommodation that, in an\naccommodation unit operated by the business, supplies liquor to\na member of the travelling public;\nExamples—supply of liquor in accommodation unit\n• minibar\n• room service\n(b) a florist or gift maker business that packages liquor together with\nflowers, food or other gifts where the liquor supplied with each\npackage—\n(i) does not exceed 1.5L; and\n\n(ii) has a value not exceeding half the sale price of the package;\n(c) a hairdressing or barber business that supplies liquor without\ncharge for consumption at the business’ premises where the\nsupply is ancillary to the business’ services;\n(d) any of the following if the supply of liquor does not exceed\n2 standard drinks per person per day:\n(i) a hospital;\n(ii) a home or residential care service provider;\n(iii) a retirement village;\n(iv) a hospice;\n(e) a limousine or tour business if—\n(i) the business provides services to no more than 12 adults;\nand\n(ii) the supply does not exceed 2 standard drinks per person;\nand\n(iii) the supply is ancillary to the business’ services and without\ncharge;\n(f) a business declared by the Minister to be exempt.\ntraveller accommodation—see the Civil Law (Wrongs) Act 2002,\nsection 145.\n\nObjects and principles Division 1.2\n","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Object of Act","content":"9 Object of Act\nThe object of this Act is to regulate the sale, supply, promotion and\nconsumption of liquor—\n(a) to minimise the harm associated with the consumption of liquor;\nand\n(b) to facilitate the responsible development of the liquor and\nhospitality industries in a way that takes into account\ncommunity safety; and\n(c) in a way that encourages and supports liquor consumers to take\nresponsibility for—\n(i) their consumption of liquor; and\n(ii) their behaviour if it is affected by the consumption of\n(d) to contribute to the responsible development of—\n(i) the ACT’s night-time economy; and\n(ii) industries related to the ACT’s night-time economy,\nincluding the liquor, live music, entertainment, tourism and\nhospitality industries.\n","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Harm minimisation and community safety principles","content":"10 Harm minimisation and community safety principles\nIn making a decision under this Act, a decision-maker must have\nregard to the following principles (the harm minimisation and\ncommunity safety principles):\n(a) responsible attitudes and practices towards the sale, supply,\npromotion and consumption of liquor should be encouraged;\n(b) community safety should not be jeopardised, particularly in\nrelation to events involving large numbers of people;\n\n(c) the liquor industry should be regulated in a way that minimises\nharm caused by alcohol abuse, including—\n(i) adverse effects on health; and\n(ii) personal injury; and\n(iii) property damage; and\n(iv) violent or anti-social behaviour;\n(d) the sale of liquor should be regulated in a way that contributes\nto the responsible development of—\n(i) the ACT’s night-time economy; and\n(ii) the liquor, live music, entertainment, tourism and\nhospitality industries;\n(e) community amenity, social harmony and wellbeing should be\nprotected and enhanced through the responsible sale, supply,\npromotion and consumption of liquor;\n(f) the safety, health and welfare of people using licensed premises\nand permitted premises should not be put at risk;\n(g) noise from licensed premises and permitted premises should not\nbe excessive;\n(h) licensed premises and permitted premises should not be located\nwhere they would be likely to cause undue disturbance,\ninconvenience or offence to people—\n(i) lawfully at adjacent or nearby premises; or\n(ii) because of the premises’ proximity to a place of public\nworship, a hospital or a school;\n(i) licences and permits should only be issued to people who\ncomply with ACT law, and are likely to continue to comply with\nACT law;\n\nImportant concepts Division 1.3\n(j) licences and permits should only be issued for premises that\ncomply with ACT law, and are likely to continue to comply with\nACT law.\nExamples—decisions\n1 a decision to issue a licence under s 27\n2 a decision to issue a permit under s 51\n","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"What is liquor?","content":"11 What is liquor?\n(a) means a substance that—\n(i) is capable of being ingested; and\n(ii) contains more than 1.15% by volume of ethanol; and\n(b) includes a substance prescribed by regulation; and\n(c) does not include a substance prescribed by regulation not to be\n","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Offence—sell liquor without licence or permit","content":"12 Offence—sell liquor without licence or permit\n(a) sells liquor to someone else; and\n(b) does not hold a licence or permit authorising the sale.\n(2) This section does not apply if the sale happens at a private event at\nwhich not more than 30 people are present.\n\n","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Offence—fail to comply with condition of licence or","content":"13 Offence—fail to comply with condition of licence or\n(1) A licensee commits an offence if—\n(a) the licence is subject to a condition; and\n(b) the licensee fails to comply with the condition.\n(2) A permit-holder commits an offence if—\n(a) the permit is subject to a condition; and\n(b) the permit-holder fails to comply with the condition.\n","sortOrder":11},{"sectionNumber":"14","sectionType":"section","heading":"Who is a close associate?","content":"14 Who is a close associate?\nclose associate—a person is a close associate of someone (the related\nperson) if—\n(a) the person holds or will hold an executive position (however\ndescribed) in the related person’s business; or\n(b) the commissioner is satisfied that the person is or will be able to\nexercise a significant influence in relation to the conduct of the\nrelated person’s business because the person holds or will hold\na financial interest, or is entitled to exercise a relevant power, in\nthe business.\nbusiness includes—\n(a) a business not carried on for profit; and\n(b) a trade or profession.\n\nImportant concepts Division 1.3\nexecutive position—a position (however described) in the related\nperson’s business is an executive position if the holder of the position\nis concerned with, or takes part in, the management of the business.\nexercise a power includes exercise the power on behalf of someone\nelse.\nfinancial interest, in a business, means—\n(a) a share in the capital of the business; or\n(b) an entitlement to receive income derived from the business,\nhowever the entitlement arises.\nhold a position includes hold the position on behalf of someone else.\npower means a power exercisable—\n(a) by voting or otherwise; and\n(b) alone or with others.\nrelevant power, in a business, means a power—\n(a) to take part in a directorial, managerial or executive decision for\nthe business; or\n(b) to elect or appoint a person as an executive officer in the\n","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":"Who is an influential person for a corporation?","content":"15 Who is an influential person for a corporation?\ninfluential person, for a corporation, means any of the following:\n(a) an executive officer of the corporation;\n(b) a person who may exercise a relevant power in relation to the\ncorporation;\n(c) a related corporation;\n(d) an executive officer of a related corporation.\n\nrelated corporation means a related body corporate under the\nCorporations Act.\nrelevant power, for a corporation, means a power—\n(a) to take part in a directorial, managerial or executive decision for\nthe corporation; or\n(b) to elect or appoint a person as an executive officer in the\ncorporation; or\n(c) to exercise a significant influence in relation to the conduct of\nthe corporation.\n\nClasses of licences Division 2.1\n","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":"What is a licence?","content":"16 What is a licence?\nlicence means—\n(a) a general licence; or\n(b) an on licence; or\n(c) an off licence; or\n(d) a club licence; or\n(e) a catering licence; or\n(f) a special licence.\nNote Section 27A (3) deals with the status of an interim licence.\n","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":"What is a general licence?","content":"17 What is a general licence?\ngeneral licence means a licence that authorises the licensee to sell\n(b) in—\n(i) open containers for consumption at the premises; or\n(ii) sealed containers for consumption off the premises; and\nNote A licence may have different licensed times for the sale of liquor for\nconsumption at the premises and the sale of liquor for consumption off\nthe premises.\n\n","sortOrder":15},{"sectionNumber":"18","sectionType":"section","heading":"What is an on licence?","content":"18 What is an on licence?\non licence means a licence that authorises the licensee to sell liquor—\n(b) in open containers for consumption at the premises; and\nExamples—on licences\n1 bar licence\n2 nightclub licence\n3 restaurant and cafe licence\n","sortOrder":16},{"sectionNumber":"19","sectionType":"section","heading":"What is an off licence?","content":"19 What is an off licence?\noff licence means a licence that authorises the licensee to sell liquor—\n(b) in sealed containers for consumption off the premises; and\n","sortOrder":17},{"sectionNumber":"20","sectionType":"section","heading":"What is a club licence?","content":"20 What is a club licence?\nclub licence means a licence that authorises a club to sell liquor—\n(a) in stated parts of a single licensed premises; and\n(b) in—\n(i) open containers for consumption at the premises; or\n(ii) sealed containers for consumption off the premises; and\n(c) at the licensed times; and\n\nClasses of licences Division 2.1\n(d) to an adult—\n(i) who is a member of the club; or\n(ii) who is at the licensed premises as a temporary member of\nthe club under the Gaming Machine Act 2004; or\n(iii) who is—\n(A) at the licensed premises at the invitation of an adult\nmember of the club who is also at the premises; and\n(B) authorised by the club to be at the premises.\n","sortOrder":18},{"sectionNumber":"20A","sectionType":"section","heading":"What is a catering licence?","content":"20A What is a catering licence?\ncatering licence means a licence that authorises the licensee to sell\n(a) in the course of conducting a catering business; and\n(b) in open containers for consumption at premises where the\nbusiness is being conducted; and\n(c) at the licensed times; and\n(d) where the predominant activity at the licensed times is the\nserving of food for consumption at the premises.\ncatering business means a food business providing a food catering\nservice.\nfood business means a food business under the Food Act 2001,\nwhether or not the business is required to be registered under that Act.\n\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"What is a special licence?","content":"21 What is a special licence?\nspecial licence means a licence that authorises the licensee to sell\n(b) at the licensed times.\n","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"What is a bar licence?","content":"22 What is a bar licence?\nbar licence means an on licence for premises that are a bar.\nbar—\ntimes is the serving of liquor for consumption at the premises;\nand\n(b) includes premises prescribed by regulation to be a bar.\n1 a pub\n2 a tavern\n","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"What is a nightclub licence?","content":"23 What is a nightclub licence?\nnightclub licence means an on licence for premises that are a\nnightclub.\n\nnightclub—\ntimes is dancing and entertainment; and\n(b) includes premises prescribed by regulation to be a nightclub.\n","sortOrder":22},{"sectionNumber":"24","sectionType":"section","heading":"What is a restaurant and cafe licence?","content":"24 What is a restaurant and cafe licence?\nrestaurant and cafe licence means an on licence for premises that are\na restaurant or cafe.\nrestaurant or cafe—\ntimes is the serving of meals for consumption on the premises;\nand\n(b) includes premises prescribed by regulation to be a restaurant or\ncafe.\n","sortOrder":23},{"sectionNumber":"25","sectionType":"section","heading":"Licence—application","content":"25 Licence—application\n(1) A person (a proposed licensee) may apply to the commissioner for a\nstated licence for stated premises.\n(b) state the class of licence applied for and, for an on licence, the\nsubclass of licence applied for; and\n\n(c) include complete details of suitability information about—\n(i) the proposed licensee; and\n(ii) each close associate of the proposed licensee; and\n(iii) if the proposed licensee is a corporation—each influential\nperson for the proposed licensee; and\n(v) for a licence other than a catering licence—the proposed\nSuitability information, about premises—see s 78.\n(d) include a police certificate for each of the following people,\ndated not earlier than 3 months before the date of the application:\n(i) the proposed licensee;\n(ii) each close associate of the proposed licensee;\n(iii) each influential person for the proposed licensee;\n(e) for a licence other than a catering licence—include evidence that\nthe operation of the business at the premises under the proposed\nlicence complies with—\n\n(f) include—\n(i) the final floor plans of the premises approved by the\nterritory planning authority in the development approval\nfor the premises; and\n(ii) a certificate of occupancy for the premises; and\n(g) for an application prescribed by regulation—include a\nrisk-assessment management plan for the premises.\nNote 1 A general licence, on licence, club licence or special licence may\nNote 2 Risk-assessment management plan, for licensed premises or permitted\npremises—see s 88.\nNote 3 Giving false or misleading information is an offence against the Criminal\n","sortOrder":24},{"sectionNumber":"26","sectionType":"section","heading":"Licence—public consultation","content":"26 Licence—public consultation\nA proposed licensee must comply with the public consultation\nprovisions in division 2.4 (Licences—public consultation).\n","sortOrder":25},{"sectionNumber":"27","sectionType":"section","heading":"Licence—decision on application","content":"27 Licence—decision on application\n(1) This section applies if the commissioner receives an application for a\nlicence under section 25.\n(2) The commissioner must issue the licence to the proposed licensee\nonly if satisfied that—\n(a) if the proposed licensee is an individual—the proposed licensee\nis an adult; and\n(b) each of the following people is a suitable person to hold the\n(i) the proposed licensee;\n(ii) each close associate of the proposed licensee;\n\n(iii) if the proposed licensee is a corporation—each influential\nperson for the proposed licensee;\n(c) if the commissioner requires the proposed licensee to give\ninformation does not affect the proposed licensee’s suitability to\nhold the licence; and\n(d) for a licence other than a catering licence—the proposed\nlicensed premises are suitable premises for the licence; and\n(e) the proposed licensee complies, and is likely to continue to\ncomply, with the requirements of this Act; and\n(f) for a licence other than a catering licence—the proposed\nlicensed premises comply with the requirements of this Act.\nNote 1 A reference to an Act includes a reference to the statutory instruments\n(3) The commissioner must, not later than the required time, unless\ncircumstances relating to the suitability of the premises under the\nproposed licence have delayed or prevented the commissioner from\ndeciding the application—\n(b) tell the proposed licensee about the decision on the application.\n\n(a) if the commissioner receives a representation about a person or\npremises under section 35 (Licence—representations)—90 days\nafter the commissioner receives the representation;\n(b) if the commissioner requires the proposed licensee to provide a\nperson etc)—90 days after the day the commissioner receives\n(c) if the commissioner requires the proposed licensee to provide a\n(Commissioner may require plan etc for premises)—90 days\n(d) if the commissioner asks the proposed licensee to allow the\n(Commissioner may require inspection of premises)—90 days\n(e) 90 days after the day the commissioner receives the application.\nNote Failure to issue a licence within the required time is taken to be a decision\nnot to issue the licence (see ACT Civil and Administrative Tribunal\n","sortOrder":26},{"sectionNumber":"27A","sectionType":"section","heading":"Licence—interim licence","content":"27A Licence—interim licence\n(a) the commissioner receives an application for a licence under\nsection 25; and\n\n(b) circumstances relating to the suitability of the premises under\nthe proposed licence have delayed or prevented the\ncommissioner from deciding the application within the required\nExample—par (b)\na delay caused by a lease variation of a Crown lease for the premises under\nthe proposed licence\n(2) The commissioner may issue the proposed licensee with a temporary\nlicence (an interim licence) for the licence the subject of the\napplication if the commissioner is satisfied that, but for the\ncircumstances relating to the suitability of the premises, the\ncommissioner would decide—\n(a) that the premises are suitable premises for the proposed licence;\nand\n(b) to issue the licence to the proposed licensee within the required\nNote The commissioner must decide that premises are not suitable premises\nfor a licence or permit in some circumstances (see s 77 (1)). However,\nthe commissioner may decide that premises are suitable premises for a\nlicence or permit if satisfied that, in all the circumstances, it would be\nunreasonable to find the premises unsuitable (see s 77 (2)).\n(3) An interim licence is taken to be a licence of the class and subclass\n(if any) applied for by the proposed licensee.\n1 If a proposed licensee applies for a general licence and is issued with an\ninterim licence, the interim licence is taken to be a general licence.\n","sortOrder":27},{"sectionNumber":"2","sectionType":"section","heading":"If a proposed licensee applies for a bar licence, a subclass of an on licence, and","content":"2 If a proposed licensee applies for a bar licence, a subclass of an on licence, and\nis issued with an interim licence, the interim licence is taken to be a bar licence.\n(4) A proposed licensee who is issued with an interim licence is taken to\nbe the licensee for the licence.\nrequired time—see section 27 (4).\n\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Licence—occupancy loading","content":"28 Licence—occupancy loading\n(1) This section applies if the commissioner decides to issue a licence\nthat authorises the licensee to sell liquor in open containers for\nconsumption at the licensed premises.\nNote A general licence, on licence, club licence or special licence may\n(2) The commissioner must also decide the occupancy loading for each\npublic area at the proposed licensed premises.\nNote Occupancy loading, for a public area at licensed premises or permitted\npremises—see s 83.\n","sortOrder":29},{"sectionNumber":"29","sectionType":"section","heading":"Licence—adults-only areas","content":"29 Licence—adults-only areas\n(1) This section applies if the commissioner decides to issue a licence\nthat authorises the licensee to sell liquor in open containers for\nconsumption at the licensed premises.\nNote A general licence, on licence, club licence or special licence may\n(2) The commissioner must also decide the adults-only areas (if any) for\nthe licensed premises.\nNote 1 Adults-only area, for licensed premises or permitted premises—see s 93.\nNote 2 If the commissioner decides that licensed premises are to include an\nadults-only area, the commissioner may decide when the area is to be\nused as an adults-only area (see s 94 (3)).\n\n","sortOrder":30},{"sectionNumber":"30","sectionType":"section","heading":"Licence—form","content":"30 Licence—form\n(1) A licence must—\n(i) the class of the licence and, for an on licence, the subclass\nof licence;\n(ii) the name of the licensee;\n(iii) if the licensee carries on business under a name other than\nthe licensee’s name—the name under which the licensee\ncarries on business;\n(iv) for a licence other than a catering licence—the address of\nthe licensed premises;\n(v) the licensed times when—\n(A) for a licence other than a catering licence—liquor to\nbe consumed at the licensed premises may be sold (if\nany); and\n(B) for a licence other than a catering licence—liquor to\nbe consumed off the licensed premises may be sold\n(if any); and\n(C) for a catering licence—liquor to be consumed at the\npremises where the catering business is being\nconducted may be sold;\n(vi) the conditions on the licence;\n(vii) anything else prescribed by regulation.\n(2) A licence may include anything else the commissioner considers\nrelevant.\n\n","sortOrder":31},{"sectionNumber":"31","sectionType":"section","heading":"Licence—conditions","content":"31 Licence—conditions\n(1) A licence is subject to the condition that—\n(a) the licensee must comply with this Act; and\n(b) the licensed premises must comply with this Act.\n(2) A licence is also subject to any other condition—\n(b) imposed by the commissioner when the licence is issued or\nNote Licences may be amended under s 37, s 38 or s 39.\n(3) Without limiting subsection (2) (b), the commissioner may impose\n1 or more of the following conditions on a licence:\n(a) that stated inspection requirements must be complied with;\n(b) that stated reporting requirements must be complied with;\n(c) that stated records must be kept;\n(d) that security guards or additional security guards must be\nengaged generally or for stated events;\n(e) that staff and security guards must be trained to a required level\nof competency;\n(f) that people must not be allowed to enter the licensed premises\nafter a stated time;\n(g) for an on licence—that liquor must not be served in glass after\nmidnight;\n(h) for an on licence—that shots of liquor must not be served after\nmidnight;\n\n(i) that security cameras must be fitted on the licensed premises or\non other land under the control of the licensee in the vicinity of\nthe licensed premises;\n(j) that stated requirements about security cameras must be\ncomplied with.\n(4) A regulation may prescribe requirements in relation to a security\ncamera mentioned in subsection (3) (i) and (j).\n","sortOrder":32},{"sectionNumber":"32","sectionType":"section","heading":"Licence—period in force","content":"32 Licence—period in force\n(1) A licence comes into force on the day it is issued.\n(2) A licence, other than an interim licence, continues in force until it is\ncancelled or surrendered.\n(3) However, an interim licence continues in force in accordance with\nsection 32AA.\n32AA Interim licence—period in force\n(1) An interim licence is in force for a period of 6 months, unless it is\ncancelled or surrendered before the end of that period.\n(2) However, the commissioner may extend the period for which an\ninterim licence is in force.\n(3) Before the end of the period for which an interim licence is in force,\nif the interim licence has not been cancelled or surrendered, the\ncommissioner must decide the application for the licence under\nsection 27 as if the commissioner is deciding the application within\nthe required time.\n(4) If an interim licence is cancelled or surrendered before the end of the\nperiod for which it is in force, the application for the licence under\nsection 25 is taken to be withdrawn.\nrequired time—see section 27 (4).\n\n","sortOrder":33},{"sectionNumber":"32A","sectionType":"section","heading":"Licence—annual fee","content":"32A Licence—annual fee\nA licensee must pay to the commissioner the annual fee determined\nfor the licence.\n","sortOrder":34},{"sectionNumber":"32B","sectionType":"section","heading":"Licence—reduction in annual fee","content":"32B Licence—reduction in annual fee\n(1) A licensee who regularly holds eligible events (an eligible licensee)\nmay apply to the commissioner for a reduction in the annual fee\npayable for the licence.\nNote If particular information is to be included in the form for an application,\nor a particular document must be attached to or given with the form, the\nform is properly completed only if the requirement is complied with (see\nLegislation Act, s 255 (5)).\n(2) The commissioner may, in writing, require the applicant to give the\ncommissioner additional information or documents that the\ncommissioner reasonably need to decide the application.\n(b) tell the eligible licensee about the decision on the application.\n(4) The Minister may make guidelines in relation to reducing the annual\nfee payable for a licence.\n(5) A guideline may include provisions about—\n(a) who is an eligible licensee; and\n(b) the criteria that an eligible licensee must address in their\napplication for a reduction; and\n(c) how an eligible licensee may apply for a reduction; and\n(d) how the commissioner decides whether to reduce an annual fee.\n(6) A guideline is a disallowable instrument.\n\n(7) In this section:\neligible event means—\n(a) a live music performance; or\n(b) a performance arts event; or\na theatre performance\n(c) a visual arts event; or\nan art exhibition\n(d) a literary arts event; or\n(e) a cultural performance or arts event; or\na planned performance of traditional dancing or singing\n(f) any other event prescribed by regulation.\n(a) 20 working days after the day the applicant applies for a\nreduction in the annual fee payable;\n(b) if the commissioner requires the applicant to give the\ncommissioner additional information or documents—\n20 working days after the day the commissioner receives the\nadditional information or documents.\n\n","sortOrder":35},{"sectionNumber":"Div 2","sectionType":"division","heading":"4 Licences—notification and public","content":"Division 2.4 Licences—notification and public\nconsultation\n","sortOrder":36},{"sectionNumber":"33","sectionType":"section","heading":"Application and definition—div 2.4","content":"33 Application and definition—div 2.4\n(1) This division applies to the following applications:\n(a) an application under section 25 (Licence—application) for a\nlicence;\n(b) an application under section 38 (Licence—amendment on\napplication by licensee)—\n(i) to amend a licence from 1 subclass of on licence to another\nsubclass of on licence; or\n(ii) to increase the occupancy loading for a public area at the\nlicensed premises; or\n(iii) to increase the licensed times for the sale of liquor at the\nlicensed premises.\n(2) In this division:\nrelevant premises means—\n(a) for an application mentioned in subsection (1) (a)—the proposed\n(b) for an application mentioned in subsection (1) (b)—the licensed\n","sortOrder":37},{"sectionNumber":"33A","sectionType":"section","heading":"Licence—notice of application to certain entities","content":"33A Licence—notice of application to certain entities\n(1) The commissioner must give written notice of an application to the\n(a) the chief health officer;\n(b) the chief police officer;\n\n(c) the director-general of the administrative unit responsible for the\nChildren and Young People Act 2008;\n(d) the director-general of the administrative unit responsible for the\nEducation Act 2004;\n(e) the director-general of the administrative unit responsible for the\nEnvironment Protection Act 1997;\n(f) the director-general of the administrative unit responsible for the\nLitter Act 2004;\n(g) the director-general of the administrative unit responsible for the\nRoad Transport (Public Passenger Services) Act 2001;\n(h) any other person prescribed by regulation.\n(2) If a place (an adjoining place) other than unleased land adjoins the\nrelevant premises, the commissioner must also give the notice to the\nregistered proprietor of the lease of the adjoining place.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(3) The notice must comply with the requirements prescribed by\n(4) The commissioner is taken to have given notice to the registered\nproprietor of a lease that is a lease of a unit identified in a units plan\nif the notice is given to the owners corporation for the units plan.\nadjoins—a place adjoins relevant premises if the place touches the\npremises, or is separated from the premises only by a road, reserve,\nriver, watercourse or similar division.\nlease, of a unit—see the Unit Titles Act 2001, dictionary.\nunits plan—see the Unit Titles Act 2001, dictionary.\n\n","sortOrder":38},{"sectionNumber":"33B","sectionType":"section","heading":"Commissioner may ask for information from","content":"33B Commissioner may ask for information from\ncommissioner for revenue\n(a) the commissioner is required to give notice of an application to\nthe registered proprietor of a lease under section 33A; and\n(b) the registered proprietor is uncontactable or the commissioner\nreasonably believes the registered proprietor is uncontactable.\n(2) The commissioner may, in writing, ask the commissioner for revenue\nfor either of the following:\n(a) the person’s name;\n(b) the person’s home address or other contact address.\n(3) The commissioner for revenue must disclose the information required\nin a request made in accordance with subsection (2).\nuncontactable—a registered proprietor is uncontactable if the\ncommissioner does not have, or only has incomplete or outdated\ninformation about, either of the following:\n(a) the registered proprietor’s name;\n(b) a home address or other contact address for the registered\nproprietor.\n","sortOrder":39},{"sectionNumber":"34","sectionType":"section","heading":"Licence—public notification of application","content":"34 Licence—public notification of application\n(1) The applicant must—\n(a) display a sign about the application at the relevant premises; and\n(b) give public notice about the application.\nNote Public notice means notice on an ACT government website or in a\ndaily newspaper circulating in the ACT (see Legislation Act, dict,\npt 1).\n\n(2) A sign and notice must—\n(a) state the class of licence applied for and, for an on licence, the\nsubclass of licence applied for; and\n(b) comply with the requirements prescribed by regulation.\n(3) A person commits an offence if the person—\n(a) is an applicant; and\n(b) fails to—\n(i) display a sign in accordance with this section; or\n(ii) publish a notice in accordance with this section.\n(4) An offence against this section is a strict liability offence.\n","sortOrder":40},{"sectionNumber":"35","sectionType":"section","heading":"Licence—representations","content":"35 Licence—representations\n(1) If an applicant displays a sign or publishes a notice under section 34,\nanyone may give a written representation to the commissioner about\nhow—\n(a) 1 or more of the following people is not a suitable person to hold\nthe licence:\n(i) the applicant;\n(ii) a close associate of the applicant;\n(iii) if the applicant is a corporation—an influential person for\nthe applicant;\n(iv) if someone other than the applicant is to have day-to-day\ncontrol of the business operated under the licence—a\nperson who is to have day-to-day control; or\n\n(b) the relevant premises are not suitable premises for the licence.\nNote Suitable person, to hold a licence or permit—see s 67.\n(2) A representation about an application may be given to the\ncommissioner only during the public consultation period for the\nNote Public consultation period, for an application—see s 36.\n(3) A person who gives the commissioner a representation about an\napplication may, in writing, withdraw the representation at any time\nbefore the application is decided.\nNote In deciding whether a person or premises are suitable for a licence, the\ncommissioner must consider public consultation representations received\nunder this section (see s 68 and s 76).\n","sortOrder":41},{"sectionNumber":"36","sectionType":"section","heading":"What is the public consultation period?—div 2.4","content":"36 What is the public consultation period?—div 2.4\n(1) In this division:\npublic consultation period, for an application, means—\n(a) the period prescribed by regulation; or\n(b) if the period prescribed is extended under subsection (2)—the\nprescribed period as extended.\n(2) The commissioner may give public notice to extend the public\nconsultation period for an application.\nNote 1 Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\nNote 2 The commissioner may extend the public consultation period after it has\nended (see Legislation Act, s 151C).\n(3) If the commissioner extends the public consultation period under\nsubsection (2), the commissioner must give the applicant written\nnotice of the extension.\n\n","sortOrder":42},{"sectionNumber":"37","sectionType":"section","heading":"Licence—amendment initiated by commissioner","content":"37 Licence—amendment initiated by commissioner\n(1) The commissioner may, by written notice (an amendment notice)\ngiven to a licensee, amend the licence if satisfied that—\nlicence as amended:\n(ii) each close associate of the licensee;\n(iii) if the licensee is a corporation—each influential person for\nthe licensee;\n(iv) if someone other than the licensee has, or is to have,\nlicence—each person who has, or is to have, day-to-day\ncontrol; and\n(b) if the commissioner requires the licensee to give information\nabout another person under section 71 (2) (c)—the information\ndoes not affect the licensee’s suitability to hold the licence; and\n(c) for a licence other than a catering licence—the licensed\npremises are suitable premises for the licence as amended.\n(2) However, the commissioner may amend the licence only if—\n(a) the commissioner has given the licensee written notice\n(a proposal notice) of the proposed amendment; and\n\n(b) the proposal notice states that written comments on the proposal\nmay be made to the commissioner before the end of a stated\nperiod of at least 14 days after the day the proposal notice is\ngiven to the licensee; and\n(c) after the end of the stated period, the commissioner has\nconsidered any comments made in accordance with the notice.\n(3) Subsection (2) does not apply if the licensee applied for, or agreed in\nwriting to, the amendment.\n(4) The amendment takes effect on the day the amendment notice is given\nto the licensee or a later day stated in the notice.\n","sortOrder":43},{"sectionNumber":"38","sectionType":"section","heading":"Licence—amendment on application by licensee","content":"38 Licence—amendment on application by licensee\n(1) A licensee may apply to the commissioner to amend the licence.\n(2) A licensee must apply to the commissioner for amendment of the\nlicence if someone else is to—\n(a) become a close associate of the licensee; or\n(b) if the licensee is a corporation—become an influential person\nfor the licensee; or\n(c) have day-to-day control of the business operated under the\nlicence.\n(3) If a licensee applies to the commissioner to amend an on licence from\n1 subclass to another, the licensee must comply with the public\nconsultation provisions in division 2.4 (Licences—public\nconsultation).\nExample—amendment from 1 subclass to another\nrestaurant and cafe licence to nightclub licence\n\n(4) The commissioner may amend the licence only if satisfied that—\nlicence as amended:\n(ii) each close associate of the licensee;\n(iii) if the licensee is a corporation—each influential person for\nthe licensee;\n(iv) if someone other than the proposed licensee has, or is to\nhave, day-to-day control of the business operated under the\nlicence—a person who has, or is to have, day-to-day\ncontrol; and\n(b) if the commissioner requires the licensee to give information\nabout another person under section 71 (2) (c)—the information\ndoes not affect the licensee’s suitability to hold the licence; and\n(c) for a licence other than a catering licence—the licensed\npremises are suitable premises for the licence as amended.\n(5) The commissioner must, not later than the required time—\n\n(6) In this section:\n(a) if the commissioner receives a representation about a person or\npremises under section 35 (Licence—representations)—90 days\nafter the commissioner receives the representation;\n(b) if the commissioner requires the licensee to provide a police\ncertificate or other information under section 71 (Commissioner\nmay require police certificate or information for person etc)—\n30 days after the day the commissioner receives the certificate\nor information;\n(c) if the commissioner requires the licensee to provide a certificate,\nplan or other information under section 79 (Commissioner may\nrequire plan etc for premises)—30 days after the day the\ncommissioner receives the certificate, plan or information;\n(d) if the commissioner asks the licensee to allow the commissioner\nto inspect the premises under section 80 (Commissioner may\nrequire inspection of premises)—30 days after the day the\ncommissioner inspects the premises;\n(e) 30 days after the day the commissioner receives the application.\nNote Failure to amend a licence within the required time is taken to be a\ndecision not to amend the licence (see ACT Civil and Administrative\n","sortOrder":44},{"sectionNumber":"39","sectionType":"section","heading":"Licence—amendment for change to floor plan of licensed","content":"39 Licence—amendment for change to floor plan of licensed\n(1) A licensee must apply to the commissioner for amendment of the\nlicence if the licensee intends to change the floor plan of the licensed\n(2) However, this section does not apply if the licensee intends to change\nthe floor plan only for a licensee event or special event.\n\n(3) The application must—\n(b) include evidence that the operation of the business under the\nlicence at the premises, as intended to be changed, complies\nwith—\n(c) include—\n(i) the final floor plans of the premises, as intended to be\nchanged, approved by the territory planning authority in\nthe development approval for the premises; and\n(ii) if the licence is a general licence, an on licence (other than\na restaurant and cafe licence that is not required to have an\napproved risk-assessment management plan), a club\nlicence or a special licence—a risk-assessment\nmanagement plan for the altered licensed premises.\n(4) The commissioner may amend the licence only if satisfied that the\npremises as intended to be changed are suitable premises for the\nlicence.\nNote 2 Suitable premises, for a licence or permit—see s 75.\n(5) If the commissioner amends a general licence, on licence, club licence\nor special licence because of the intended changes to the floor plan,\nthe commissioner must also decide—\n(a) the occupancy loading for each public area at the licensed\npremises as intended to be changed; and\n\n(b) the adults-only areas (if any) for the licensed premises as\nintended to be changed.\nNote 1 Occupancy loading, for a public area at licensed premises or\npermitted premises—see s 83.\nNote 2 Adults-only area, for licensed premises or permitted premises—\nsee s 93.\n(6) The commissioner must, not later than the required time—\n(a) decide the application for amendment for alteration of licensed\n(7) In this section:\n(a) if the commissioner requires the licensee to provide a certificate,\nplan or other information under section 79 (Commissioner may\nrequire plan etc for premises)—30 days after the day the\ncommissioner receives the certificate, plan or information;\n(b) if the commissioner asks the licensee to allow the commissioner\nto inspect the premises under section 80 (Commissioner may\nrequire inspection of premises)—30 days after the day the\ncommissioner inspects the premises;\n(c) 30 days after the day the commissioner receives the application.\nNote Failure to amend a licence within the required time is taken to be a\ndecision not to amend the licence (see ACT Civil and Administrative\n","sortOrder":45},{"sectionNumber":"40","sectionType":"section","heading":"Licence—application to transfer licence","content":"40 Licence—application to transfer licence\n(1) A licensee may apply to the commissioner to transfer the licence to\nsomeone else (the proposed new licensee).\n\n(b) include complete details of suitability information about—\n(i) the proposed new licensee; and\n(ii) each close associate of the proposed new licensee; and\ninfluential person for the proposed new licensee; and\nlicence—each person who is to have day-to-day control;\nand\n(c) include a police certificate for each of the following people,\ndated not earlier than 3 months before the date of the transfer\napplication:\n(i) the proposed new licensee;\n(ii) each close associate of the proposed new licensee;\ninfluential person for the proposed new licensee;\nlicence—each person who is to have day-to-day control.\nNote 1 Suitability information, about a person—see s 69.\nNote 2 Giving false or misleading information is an offence against the Criminal\n","sortOrder":46},{"sectionNumber":"41","sectionType":"section","heading":"Licence—decision on application to transfer licence","content":"41 Licence—decision on application to transfer licence\n(1) This section applies if the commissioner receives an application to\ntransfer a licence under section 40.\n\n(2) The commissioner must transfer the licence to the proposed new\nlicensee only if satisfied that—\n(i) the proposed new licensee;\n(ii) each close associate of the proposed new licensee;\ninfluential person for the proposed new licensee;\nlicence—each person who is to have day-to-day control;\nand\n(b) if the commissioner requires the proposed new licensee to give\ninformation does not affect the proposed new licensee’s\nsuitability to hold the licence; and\n(c) the proposed new licensee complies, and is likely to continue to\ncomply, with the requirements of this Act.\nNote 1 Suitable person, to hold a licence or permit—see s 67.\n(a) decide the application for transfer; and\n\n(a) if the commissioner requires the proposed new licensee to\nprovide a police certificate or other information under section 71\n(b) 30 days after the day the commissioner receives the application.\nNote Failure to transfer a licence within the required time is taken to be a\ndecision not to transfer the licence (see ACT Civil and Administrative\n","sortOrder":47},{"sectionNumber":"44","sectionType":"section","heading":"Licence—replacing when lost, stolen or destroyed","content":"44 Licence—replacing when lost, stolen or destroyed\n(1) The commissioner may issue a replacement licence to a licensee if\nsatisfied that the licensee’s original licence has been lost, stolen or\ndestroyed.\n(2) For subsection (1), the commissioner may require the licensee to give\nthe commissioner a statement verifying that the original licence has\nbeen lost, stolen or destroyed.\n","sortOrder":48},{"sectionNumber":"45","sectionType":"section","heading":"Licence—surrender","content":"45 Licence—surrender\n(1) A licensee may surrender the licence by giving written notice\n(a surrender notice) of the surrender to the commissioner.\n(2) The surrender notice must be accompanied by—\n(a) the licence; or\n\n(b) if the licence has been lost, stolen or destroyed—a statement\nverifying that the licence has been lost, stolen or destroyed.\n","sortOrder":49},{"sectionNumber":"46","sectionType":"section","heading":"Offence—fail to return licence","content":"46 Offence—fail to return licence\n(a) ceases to be a licensee before the licence ends under section 32\n(Licence—period in force); and\n(b) fails to return the licence to the commissioner as soon as\npracticable, but not later than 21 days, after ceasing to be a\nlicensee.\n","sortOrder":50},{"sectionNumber":"46A","sectionType":"section","heading":"Licence—immediate suspension for failure to pay fee","content":"46A Licence—immediate suspension for failure to pay fee\n(a) the commissioner gives a licensee a written notice to pay a fee\npayable under this Act; and\n(b) the licensee fails to pay the fee within 7 days after the day the\nnotice is given.\n(2) The commissioner may give the licensee a written notice\n(the immediate suspension notice) suspending the licence.\n(3) The suspension takes effect when the immediate suspension notice is\ngiven to the licensee.\n(4) The suspension ends when the fee is paid.\nNote A failure to pay a fee within 28 days after the day an immediate\nsuspension notice is given is a ground to cancel a licence (see s 183 (3)).\n\n","sortOrder":51},{"sectionNumber":"47","sectionType":"section","heading":"What is a permit?","content":"47 What is a permit?\npermit means—\n(a) a commercial permit; or\n(b) a non-commercial permit.\n","sortOrder":52},{"sectionNumber":"48","sectionType":"section","heading":"What is a commercial permit?","content":"48 What is a commercial permit?\ncommercial permit means a permit that authorises the permit-holder\nto sell liquor—\n(a) at a single permitted premises; and\n(b) of a retail value not exceeding the value stated in the permit; and\n(c) at the event stated in the permit; and\n(d) at the permitted times.\n","sortOrder":53},{"sectionNumber":"49","sectionType":"section","heading":"What is a non-commercial permit?","content":"49 What is a non-commercial permit?\nnon-commercial permit means a permit that authorises a non-profit\norganisation to sell liquor—\n(a) at a single permitted premises; and\n(b) of a retail value not exceeding the value stated in the permit; and\n(c) that is—\n(i) in open containers for consumption at the premises; or\n\n(ii) in sealed containers for consumption off the premises; and\n(d) if the permit relates to an event—at the event stated in the\npermit; and\n(e) at the permitted times.\n","sortOrder":54},{"sectionNumber":"50","sectionType":"section","heading":"Permit—application","content":"50 Permit—application\n(1) A person (a proposed permit-holder) may apply to the commissioner\nfor a permit for stated premises.\n(b) include complete details of suitability information about—\n(i) the proposed permit-holder; and\n(ii) each close associate of the proposed permit-holder; and\n(iii) if the proposed permit-holder is a corporation—each\ninfluential person for the proposed permit-holder; and\n(iv) the proposed permitted premises; and\nSuitability information, about premises—see s 78.\n(c) if the premises are wholly or partly enclosed, include evidence\nthat the operation of the business at the premises under the\nproposed permit complies with—\n\n(d) if the premises are wholly or partly enclosed, include the\nfollowing documents (if applicable in relation to the premises):\n(i) the final floor plans of the premises approved by the\nterritory planning authority in the development approval\nfor the premises;\n(ii) a certificate of occupancy for the premises; and\n(e) if the application is for a commercial permit—include a risk-\nassessment management plan for the premises.\nNote Giving false or misleading information is an offence against the Criminal\n","sortOrder":55},{"sectionNumber":"51","sectionType":"section","heading":"Permit—decision on application","content":"51 Permit—decision on application\n(1) This section applies if the commissioner receives an application for a\npermit under section 50.\n(2) The commissioner must issue the permit to the proposed\npermit-holder only if satisfied that—\n(a) if the proposed permit-holder is an individual—the proposed\npermit-holder is an adult; and\n(b) each of the following people is a suitable person to hold the\npermit:\n(i) the proposed permit-holder;\n(ii) each close associate of the proposed permit-holder;\n(iii) if the proposed permit-holder is a corporation—each\ninfluential person for the proposed permit-holder; and\n(c) if the commissioner requires the proposed permit-holder to give\ninformation does not affect the proposed permit-holder’s\nsuitability to hold the permit; and\n\n(d) the proposed permitted premises are suitable premises for the\npermit; and\n(e) the proposed permit-holder complies, and is likely to continue\nto comply, with the requirements of this Act; and\n(f) the proposed permitted premises comply with the requirements\nof this Act.\nNote 1 A reference to an Act includes a reference to the statutory instruments\n(b) tell the proposed permit-holder about the decision on the\n(a) if the commissioner requires the proposed permit-holder to\nprovide a police certificate or information under section 71\nperson etc)—90 days after the day the commissioner receives\nthe certificate or other information;\n(b) if the commissioner requires the proposed permit-holder to\nprovide a certificate, plan or other information under section 79\n(Commissioner may require plan etc for premises)—90 days\n\n(c) if the commissioner asks the proposed permit-holder to allow\nthe commissioner to inspect the premises under section 80\n(Commissioner may require inspection of premises)—90 days\n(d) 90 days after the day the commissioner receives the application.\nNote Failure to issue a permit within the required time is taken to be a decision\nnot to issue the permit (see ACT Civil and Administrative Tribunal\n","sortOrder":56},{"sectionNumber":"52","sectionType":"section","heading":"Permit—occupancy loading","content":"52 Permit—occupancy loading\n(1) This section applies if the commissioner decides to issue a permit for\npremises that are wholly or partly enclosed.\n(2) The commissioner may also decide the occupancy loading for each\npublic area in each enclosed part of the premises.\nNote Occupancy loading, for a public area at licensed premises or permitted\npremises—see s 83.\n","sortOrder":57},{"sectionNumber":"53","sectionType":"section","heading":"Permit—adults-only areas","content":"53 Permit—adults-only areas\n(1) This section applies if the commissioner decides to issue a permit for\npremises that are wholly or partly enclosed.\n(2) The commissioner must also decide the adults-only areas (if any) for\nthe permitted premises.\nNote Adults-only areas, for licensed premises or permitted premises—see\ns 93.\n","sortOrder":58},{"sectionNumber":"54","sectionType":"section","heading":"Permit—form","content":"54 Permit—form\n(1) A permit must—\n(i) the class of the permit;\n\n(ii) the name of the permit-holder;\n(iii) if the permit-holder carries on business under a name other\nthan the permit-holder’s name—the name under which the\npermit-holder carries on business;\n(iv) the address or location of the permitted premises;\n(v) the permitted times when—\n(A) liquor to be consumed at the permitted premises may\nbe sold (if any); and\n(B) liquor to be consumed off the permitted premises may\nbe sold (if any);\n(vi) the conditions on the permit;\n(vii) anything else prescribed by regulation.\n(2) A permit may include anything else the commissioner considers\nrelevant.\n","sortOrder":59},{"sectionNumber":"55","sectionType":"section","heading":"Permit—conditions","content":"55 Permit—conditions\n(1) A permit is subject to the condition that—\n(a) the permit-holder must comply with this Act; and\n(b) the permitted premises must comply with this Act.\n(2) A permit is subject to any other condition—\n(b) imposed by the commissioner when the permit is issued,\nrenewed or amended.\n\n(3) Without limiting subsection (2) (b), the commissioner may impose\n1 or more of the following conditions on a permit:\n(a) that stated inspection requirements must be complied with;\n(b) that stated reporting requirements must be complied with;\n(c) that stated records must be kept;\n(d) that security guards or additional security guards must be\nengaged generally or for stated events;\n(e) that staff and security guards must be trained to a required level\nof competency;\n(f) that people must not be allowed to enter the permitted premises\nafter a stated time;\n(g) that any liquor guidelines made by the commissioner under\nsection 223 must be complied with;\n(h) that liquor must not be served in glass after midnight;\n(i) that shots of liquor must not be served after midnight.\nNote Permits may be amended under s 57 or 58.\nNon-commercial permits may be renewed under s 62.\n","sortOrder":60},{"sectionNumber":"56","sectionType":"section","heading":"Permit—term","content":"56 Permit—term\n(1) A permit comes into force on the day stated in the permit.\n(2) The commissioner must not issue a permit for longer than 1 year.\n(3) A permit expires on the day stated in the permit.\n(4) However, the commissioner may decide on reasonable grounds that a\npermit expires on another day.\n(5) If the commissioner makes a decision under subsection (4) for a class\nof permit, the decision is a notifiable instrument.\n\n","sortOrder":61},{"sectionNumber":"Div 3","sectionType":"division","heading":"3 Permits—amendment, transfer,","content":"Division 3.3 Permits—amendment, transfer,\nrenewal, etc\n","sortOrder":62},{"sectionNumber":"57","sectionType":"section","heading":"Permit—amendment initiated by commissioner","content":"57 Permit—amendment initiated by commissioner\n(1) The commissioner may, by written notice (an amendment notice)\ngiven to a permit-holder, amend the permit if satisfied that—\npermit as amended:\nhold the permit; and\n(c) the permitted premises are suitable premises for the permit as\nNote 1 Amend includes amend, impose or remove a permit condition—see the\n(2) However, the commissioner may amend the permit only if—\n(a) the commissioner has given the permit-holder written notice\n(a proposal notice) of the proposed amendment; and\n\n(b) the proposal notice states that written comments on the proposal\nmay be made to the commissioner before the end of a stated\nperiod of at least 14 days after the day the proposal notice is\ngiven to the permit-holder; and\n(c) after the end of the stated period, the commissioner has\nconsidered any comments made in accordance with the notice.\n(3) Subsection (2) does not apply if the permit-holder applied for, or\nagreed in writing to, the amendment.\n(4) The amendment takes effect on the day the amendment notice is given\nto the permit-holder or a later day stated in the notice.\n","sortOrder":63},{"sectionNumber":"58","sectionType":"section","heading":"Permit—amendment on application by permit-holder","content":"58 Permit—amendment on application by permit-holder\n(1) A permit-holder may apply to the commissioner to amend the permit.\n(2) A permit-holder must apply to the commissioner for amendment of\nthe permit if someone else is to become—\n(a) a close associate of the permit-holder; or\n(b) if the permit-holder is a corporation—an influential person for\nthe permit-holder.\n(3) The commissioner may amend the permit only if satisfied that—\npermit as amended:\nhold the permit; and\n\n(c) the permitted premises are suitable premises for the permit as\nNote 1 Amend includes amend, impose or remove a permit condition—see the\n(4) The commissioner must, not later than the required time—\n(b) tell the permit-holder about the decision on the application.\n(a) if the commissioner requires the permit-holder to provide a\n(b) if the commissioner requires the permit-holder to provide a\n(Commissioner may require plan etc for premises)—30 days\n(c) if the commissioner asks the permit-holder to allow the\n(Commissioner may require inspection of premises)—30 days\n\n(d) 30 days after the day the commissioner receives the application.\nNote Failure to amend a permit within the required time is taken to be a\ndecision not to amend the permit (see ACT Civil and Administrative\n59 Permit—not transferable\nA permit is not transferable.\n60 Permit—commercial permit not renewable\nA commercial permit is not renewable.\n61 Permit—application for renewal of non-commercial\n(1) A non-commercial permit-holder may apply to the commissioner to\nrenew the permit for a period not longer than 1 year.\n(2) The application must be—\n(a) in writing; and\n(b) received by the commissioner at least 30 days before the permit\nexpires.\n(3) However, the commissioner may extend the time for making an\nNote A non-commercial permit-holder may apply to the commissioner for the\ntime to be extended, and the commissioner may extend the time, even\nthough the time has ended (see Legislation Act, s 151C).\n(4) If a non-commercial permit-holder applies to renew a permit under\nthis section, the permit remains in force until the application is\ndecided.\n\n","sortOrder":64},{"sectionNumber":"62","sectionType":"section","heading":"Permit—decision on application for renewal of","content":"62 Permit—decision on application for renewal of\nnon-commercial permit\nrenewal of a non-commercial permit under section 61.\n(2) The commissioner must renew the permit only if satisfied that—\n(a) each of the following people continues to be a suitable person to\nhold the permit:\ncontinue to hold the permit; and\n(c) the permitted premises continue to be suitable premises for the\nNote 1 Suitable person, to hold a licence or permit—see s 67.\n(a) decide the application for renewal; and\n(b) tell the permit-holder about the decision on the application.\n\nrequired time is the latest of the following:\n(a) if the commissioner requires the permit-holder to provide a\n(b) if the commissioner requires the permit-holder to provide a\n(Commissioner may require plan etc for premises)—30 days\n(c) if the commissioner asks the permit-holder to allow the\n(Commissioner may require inspection of premises)—30 days\n(d) 30 days after the day the commissioner receives the application.\nNote Failure to renew a permit within the required time is taken to be a decision\nnot to renew the permit (see ACT Civil and Administrative Tribunal\n","sortOrder":65},{"sectionNumber":"63","sectionType":"section","heading":"Permit—replacing when lost, stolen or destroyed","content":"63 Permit—replacing when lost, stolen or destroyed\n(1) The commissioner may issue a replacement permit to a permit-holder\nif satisfied that the permit-holder’s original permit has been lost,\nstolen or destroyed.\n(2) For subsection (1), the commissioner may require the permit-holder\nto give the commissioner a statement verifying that the original\npermit has been lost, stolen or destroyed.\n\n","sortOrder":66},{"sectionNumber":"64","sectionType":"section","heading":"Permit—surrender","content":"64 Permit—surrender\n(1) A permit-holder may surrender the permit by giving written notice\n(a surrender notice) of the surrender to the commissioner.\n(2) The surrender notice must be accompanied by—\n(a) the permit; or\n(b) if the permit has been lost, stolen or destroyed—a statement\nverifying that the permit has been lost, stolen or destroyed.\n","sortOrder":67},{"sectionNumber":"65","sectionType":"section","heading":"Non-commercial permit—cancellation","content":"65 Non-commercial permit—cancellation\n(1) The commissioner may, by written notice (a cancellation notice),\ngiven to a permit-holder, cancel the permit if satisfied that the\nnon-commercial permit-holder has failed to comply with the permit.\nNote 1 A decision under this subsection is a reviewable decision (see s 220).\n(2) The cancellation takes effect on the day the cancellation notice is\ngiven to the permit-holder or a later day stated in the notice.\n","sortOrder":68},{"sectionNumber":"66","sectionType":"section","heading":"Offence—fail to return permit","content":"66 Offence—fail to return permit\n(a) ceases to be a permit-holder before the permit expires under\nsection 56 (Permit—term); and\n(b) fails to return the permit to the commissioner as soon as\npracticable, but not later than 21 days, after ceasing to be a\n\n","sortOrder":69},{"sectionNumber":"Part 4","sectionType":"part","heading":"Suitability of people and","content":"Part 4 Suitability of people and\npremises for licences and\npermits\n","sortOrder":70},{"sectionNumber":"Div 4","sectionType":"division","heading":"1 Suitability of people for licences and","content":"Division 4.1 Suitability of people for licences and\npermits\n","sortOrder":71},{"sectionNumber":"67","sectionType":"section","heading":"Who is a suitable person?","content":"67 Who is a suitable person?\nsuitable person, to hold a licence or permit, means a person who the\ncommissioner is satisfied is a suitable person to hold the licence or\n","sortOrder":72},{"sectionNumber":"68","sectionType":"section","heading":"Commissioner must consider suitability information, etc","content":"68 Commissioner must consider suitability information, etc\nIn deciding whether a person is a suitable person to hold a licence or\npermit, the commissioner must consider each of the following:\n(a) suitability information about the person;\n(b) any police certificate or other information about the person\n(ii) section 40 (Licence—application to transfer licence); or\n(iii) section 71 (Commissioner may require police certificate or\ninformation for person etc);\n(c) any public consultation representation about the person received\nby the commissioner under section 35 (Licence—\nrepresentations).\n\n","sortOrder":73},{"sectionNumber":"69","sectionType":"section","heading":"What is suitability information about a person?","content":"69 What is suitability information about a person?\nsuitability information, about a person, means information about the\n(a) any conviction of, or finding of guilt against, the person for an\noffence against 1 or more of the following:\n(i) this Act;\n(ii) a law of another jurisdiction corresponding, or\nsubstantially corresponding, to this Act;\n(iii) the Crimes Act 1900;\n(iv) the Criminal Code;\n(v) the Crimes Act 1914 (Cwlth);\n(vi) the Commonwealth Criminal Code;\n(vii) the Unlawful Gambling Act 2009;\n(viii) the Competition and Consumer Act 2010 (Cwlth);\n(ix) the Fair Trading (Australian Consumer Law) Act 1992;\n(x) the Australian Consumer Law (ACT) or a corresponding\nlaw of a State;\n(xi) a law in force in Australia or elsewhere relating to the\nsupply or consumption of liquor;\n(xii) a law of the ACT with a maximum penalty of\nimprisonment for 1 year or more;\n\n(xiii) a law elsewhere that, if the offence were committed in the\nACT, would have a maximum penalty of imprisonment for\n1 year or more;\nNote A reference to an Act (including a Commonwealth Act) includes a\nreference to the statutory instruments made or in force under the\nAct, including any regulation (see Legislation Act, s 104).\n(b) any proven noncompliance by the person with a legal obligation\nin relation to the supply of liquor;\n1 a commissioner’s direction has been made against the licensee\n2 an emergency closure order has been made against the licensee\n3 the person has had a licence suspended\n(c) any refusal of an application by the person for a licence, permit\nor other authority (however described) in relation to the supply\nof liquor;\n(d) whether the person complies with the requirements of this Act;\n(e) if the person is an individual—whether the person is, or during\nthe preceding 5 years was—\n(i) bankrupt or personally insolvent; or\n(ii) involved in the management of a corporation when the\ncorporation was insolvent;\nNote Bankrupt or personally insolvent—see the Legislation Act, dict.\n(f) if the person is a corporation—\n(i) whether the person is, or during the preceding 5 years was,\ninsolvent; or\n(ii) whether each influential person for the corporation is a\nsuitable person to hold the licence or permit;\n(g) if the person is a club—whether the club is an eligible club;\n\n(h) if the person is a non-profit organisation—whether the\norganisation operates on a not-for-profit basis;\n(i) the person’s knowledge and understanding of the obligations\nunder this Act applying in relation to the licence or permit;\n(j) any other matter relevant to the person’s ability to safely and\nresponsibly supply liquor.\ninsolvent—a corporation is taken to be insolvent if the corporation—\n(a) is being wound up; or\n(b) has had a receiver or other controller appointed; or\n(c) has entered into a deed of company arrangement with its\ncreditors; or\n(d) is otherwise under external administration under the\nCorporations Act, chapter 5.\n","sortOrder":74},{"sectionNumber":"69A","sectionType":"section","heading":"Non-suitability—criminal activity","content":"69A Non-suitability—criminal activity\n(1) This section applies to a person if—\n(a) the person was involved with a licence or permit; and\n(b) a cancellation order for the licence or permit was made under\npart 11B (Cancellation of licence or permit for criminal\nactivity); and\ncriminal activity of the person.\n(2) The person is taken not to be a suitable person to hold a licence or\npermit for a period of 5 years after the order was made unless the\norder is sooner revoked under section 187K.\n\n(3) In this section:\ninvolved, with a licence or permit—see section 187H.\n","sortOrder":75},{"sectionNumber":"70","sectionType":"section","heading":"What is an eligible club?","content":"70 What is an eligible club?\neligible club means a club that—\n(a) is established for 1 or more of the following purposes:\n(i) recreation;\n(ii) promoting social, religious, political, literary, scientific,\nartistic, sporting or athletic purposes;\n(iii) a purpose prescribed by regulation; and\n(b) has a constitution or set of rules that—\n(i) requires the nomination or election of financial members\nor foundation members to manage the affairs of the club;\nand\n(ii) requires the club to keep records of nominations and\nelections for 2 years or more; and\n(iii) requires the club to hold a meeting of its members at least\nonce every 3 years to nominate or elect members to\nmanage the affairs of the club; and\n(iv) subject to paragraph (c), prohibits the supply of liquor to a\nperson who is not a member of the club unless the person\nis on the club premises—\n(A) at the invitation of a club member who is also on the\nclub premises; and\n(B) with the consent of the club; and\n\n(v) prohibits the payment of a commission, profit or allowance\nfrom, or on receipts from, the supply of liquor at the club\n(c) may allow the supply of liquor to a person who is on the club\npremises as a temporary member of the club under the Gaming\nMachine Act 2004; and\n(d) has a membership of at least—\n(i) 200 adult financial members; or\n(ii) if the club has held a club licence continuously since before\n1 June 1979 under the Liquor Act 1975 or this Act—\n150 adult financial members.\n","sortOrder":76},{"sectionNumber":"71","sectionType":"section","heading":"Commissioner may require police certificate or","content":"71 Commissioner may require police certificate or\ninformation for person etc\nwhether a person is a suitable person to hold a licence or permit.\n(2) The commissioner may, by written notice given to the person\n(a personal information notice), require the person to give the\ncommissioner 1 or more of the following not later than a stated\nreasonable time:\n(a) a police certificate for 1 or more of the following people, dated\nnot earlier than 3 months before the date of the personal\ninformation notice:\n(i) the person;\n(ii) a close associate of the person;\n(iii) if the person is a corporation—an influential person for the\nperson;\n\n(iv) if someone other than the proposed licensee is to have\nlicence and the decision relates to suitability for a licence—\neach person who is to have day-to-day control;\n(b) other stated information about the person;\n(c) a police certificate or other stated information about anyone else\nthe commissioner suspects on reasonable grounds is in a\nposition to exercise significant influence over the conduct of the\nExamples—par (c)\n1 domestic partner, parent, child or sibling of, or a member of the same\nhousehold as the person\n2 close friend of the person\n3 someone else who has regular contact with the related person\n(3) A personal information notice must also tell the person that giving\nfalse or misleading information is an offence against the Criminal\nCode, section 338 (Giving false or misleading information).\n","sortOrder":77},{"sectionNumber":"72","sectionType":"section","heading":"Commissioner need not decide suitability if certificate etc","content":"72 Commissioner need not decide suitability if certificate etc\nnot provided\n(a) the commissioner has given a person a personal information\nnotice under section 71; and\n(b) the person does not give the commissioner the certificate or\ninformation in accordance with the notice.\n(2) The commissioner need not decide whether the person is a suitable\nperson to hold a licence or permit.\n\n","sortOrder":78},{"sectionNumber":"73","sectionType":"section","heading":"Offence—ongoing duty to update person’s suitability","content":"73 Offence—ongoing duty to update person’s suitability\ninformation\n(1) This section applies to a person if—\n(a) the commissioner—\n(i) is deciding whether the person is a suitable person to hold\na licence or permit; or\n(ii) has decided that the person is a suitable person to hold a\nlicence or permit and the person is operating under the\n(b) the person has given the commissioner suitability information\nabout the person.\n(a) the person’s suitability information changes; and\n(b) the person does not tell the commissioner about the change as\nsoon as practicable, but not later than 7 days after the change\nhappens.\n(3) This section does not apply if the person—\n(a) was not aware of the change until later than 7 days after the\nchange happened; and\n(b) told the commissioner about the change as soon as the person\nbecame aware of the change.\n\nDivision 4.2 Suitability of premises for licences\nand permits\n","sortOrder":79},{"sectionNumber":"74","sectionType":"section","heading":"Who is the responsible person for premises?—div 4.2","content":"74 Who is the responsible person for premises?—div 4.2\nresponsible person, for premises, means—\n(a) for a licence for the premises—the licensee or proposed\nlicensee; or\n(b) for a permit for the premises—the permit-holder or proposed\n","sortOrder":80},{"sectionNumber":"75","sectionType":"section","heading":"What are suitable premises?","content":"75 What are suitable premises?\nsuitable premises, for a licence or permit, means premises that the\ncommissioner is satisfied are suitable premises for the licence or\n","sortOrder":81},{"sectionNumber":"76","sectionType":"section","heading":"Commissioner must consider suitability information, etc","content":"76 Commissioner must consider suitability information, etc\nIn deciding whether premises are suitable premises for a licence or\npermit, the commissioner must consider each of the following:\n(a) suitability information about the premises;\n(b) any certificate, plan or other information about the premises\n(ii) section 39 (Licence—amendment for change to floor plan\nof licensed premises); or\n(iii) section 50 (Permit—application); or\n(iv) section 79 (Commissioner may require plan etc for\npremises);\n\n(c) any public consultation representation about the premises\nreceived by the commissioner under section 35 (Licence—\n(d) the results of any inspection of the premises by the\ncommissioner under section 80 (Commissioner may require\ninspection of premises).\n","sortOrder":82},{"sectionNumber":"77","sectionType":"section","heading":"Commissioner must decide premises not suitable in","content":"77 Commissioner must decide premises not suitable in\nsome circumstances\n(1) The commissioner must decide that premises are not suitable\npremises for a licence or permit if—\n(a) the premises do not comply with the requirements of—\n(i) this Act; or\n(ii) the Building Act 2004; or\n(iii) the Planning Act 2023; or\n(b) use of the premises in accordance with the licence or permit\nwould not be within the purpose of the lease for the land on\nwhich the premises are located; or\n(c) if a risk-assessment management plan is required under\nsection 25 (Licence—application), section 50 (Permit—\napplication), or section 79 (Commissioner may require plan etc\nfor premises)—the commissioner does not approve the\nrisk-assessment management plan.\nNote The commissioner approves risk-assessment management plans under\ns 90.\n\n(2) However, the commissioner may decide that the premises are suitable\npremises for the licence or permit if satisfied that, in all the\ncircumstances, it would be unreasonable to find the premises\nunsuitable.\n","sortOrder":83},{"sectionNumber":"78","sectionType":"section","heading":"What is suitability information about premises?","content":"78 What is suitability information about premises?\nsuitability information, about premises, means information about the\n(a) any conviction of, or finding of guilt against, 1 or more of the\nfollowing people for an offence against this Act involving the\npremises:\n(i) the responsible person for the premises;\n(ii) a close associate of the responsible person for the premises;\n(iii) if the responsible person for the premises is a\ncorporation—an influential person for the corporation;\n(b) any proven noncompliance of the premises with a legal\nobligation in relation to the supply of liquor while 1 or more of\nthe following people was involved in a business operated at the\npremises:\n(i) the responsible person for the premises;\n(ii) a close associate of the responsible person for the premises;\n(iii) if the responsible person for the premises is a\ncorporation—an influential person for the corporation;\nthe premises are licensed premises and the licence has been suspended\n\n(c) any refusal of an application for a licence, permit or other\nauthority (however described) in relation to the supply of liquor\nat the premises;\n(d) whether the premises comply with the requirements of—\n(i) this Act; and\n(ii) the Building Act 2004; and\n(iii) the Planning Act 2023;\n(e) whether use of the premises in accordance with the licence or\npermit would be within the purpose of the lease for the land on\nwhich the premises are located;\n(f) the fire safety of the premises;\n(g) the level of noise likely to emanate from the premises if used in\naccordance with the licence or permit;\n(h) whether use of the premises in accordance with the licence or\npermit would be likely to attract a large number of people and,\nif so, the risk to community safety;\n(i) whether use of the premises in accordance with the licence or\npermit would be likely to cause undue disturbance,\ninconvenience or offence to people—\n(i) lawfully at adjacent or nearby premises; or\n(ii) because of the premises’ proximity to a place of public\nworship, a hospital, residential premises, or a school;\n(j) any other matter relevant to the appropriateness of the premises\nin relation to the supply of liquor.\nNote 1 Supply includes sell (see dict).\nNote 2 The commissioner must consider the suitability information for premises\nwhen deciding to issue or amend a licence, or issue, amend or renew a\npermit. The commissioner does not consider the suitability information\n\nfor premises when deciding an application to transfer a licence to\nsomeone else (see s 41).\n","sortOrder":84},{"sectionNumber":"79","sectionType":"section","heading":"Commissioner may require plan etc for premises","content":"79 Commissioner may require plan etc for premises\nwhether premises are suitable premises for a licence or permit.\n(2) The commissioner may, by written notice given to the responsible\nperson for the premises (a premises information notice), require the\nperson to give the commissioner 1 or more of the following, not later\nthan a stated reasonable time:\n(a) evidence that the operation of the business at the premises under\nthe proposed licence or permit complies with—\n(ii) the territory plan;\n(b) the final floor plans of the premises approved by the territory\nplanning authority in the development approval for the\n(c) a certificate of occupancy for the premises;\n(d) a risk-assessment management plan for the premises;\nNote 1 See pt 6 (Risk-assessment management plans for licensed premises\nand permitted premises).\nNote 2 If the commissioner does not approve the risk-assessment\nmanagement plan, the commissioner must also decide that the\npremises are not suitable premises for the licence or permit (see\ns 77).\n(e) other stated information about the premises.\n(3) A premises information notice must also tell the person that giving\nfalse or misleading information is an offence against the Criminal\nCode, section 338 (Giving false or misleading information).\n\n","sortOrder":85},{"sectionNumber":"80","sectionType":"section","heading":"Commissioner may require inspection of premises","content":"80 Commissioner may require inspection of premises\nwhether premises are suitable premises for a licence or permit.\n(2) The commissioner may, by written notice given to the responsible\nperson for the premises (an inspection notice), require the person to\nallow the commissioner to inspect the premises within a stated\n","sortOrder":86},{"sectionNumber":"81","sectionType":"section","heading":"Commissioner need not decide suitability if requirements","content":"81 Commissioner need not decide suitability if requirements\nnot complied with\n(a) the commissioner has given a person a premises information\nnotice under section 79 and the person does not give the\ncommissioner the certificate, plan or information in accordance\nwith the notice; or\n(b) the commissioner has given a person an inspection notice under\nsection 80 and the person does not allow the commissioner to\ninspect the premises in accordance with the notice.\n(2) The commissioner need not decide whether the premises are suitable\npremises for the licence or permit.\n","sortOrder":87},{"sectionNumber":"82","sectionType":"section","heading":"Offence—ongoing duty to update premises’ suitability","content":"82 Offence—ongoing duty to update premises’ suitability\ninformation\n(1) This section applies to a responsible person for premises if—\n(a) the commissioner—\n(i) is deciding whether the premises are suitable premises for\na licence or permit; or\n(ii) has decided that the premises are suitable premises for a\nlicence or permit and the premises are being used under the\n\n(b) the responsible person has given the commissioner suitability\ninformation about the premises.\nNote Suitability information, about premises—see s 78.\n(2) A responsible person commits an offence if—\n(a) the premises’ suitability information changes; and\n(b) the responsible person does not tell the commissioner about the\nchange as soon as practicable, but not later than 7 days after the\nchange happens.\n(3) This section does not apply if the responsible person—\n(a) was not aware of the change until later than 7 days after the\nchange happened; and\n(b) told the commissioner about the change as soon as the person\nbecame aware of the change.\n\nPart 5 Occupancy loading for licensed premises and permitted premises\nPart 5 Occupancy loading for licensed\npremises and permitted premises\n83 What is occupancy loading?\noccupancy loading, for a public area at licensed premises or\npermitted premises, means the maximum number of people allowed\nin the area.\n","sortOrder":88},{"sectionNumber":"84","sectionType":"section","heading":"What is a public area?","content":"84 What is a public area?\npublic area, at licensed premises or permitted premises, means an\narea at the premises that is open to the public.\nan outdoor dining area\n","sortOrder":89},{"sectionNumber":"85","sectionType":"section","heading":"Occupancy loading decision","content":"85 Occupancy loading decision\n(1) This section applies if the commissioner must decide the occupancy\nloading for a public area at licensed premises or permitted premises.\nNote Section 28, s 39 and s 52 require the commissioner to decide the\noccupancy loading for public areas.\n(2) In deciding the occupancy loading for a public area, the commissioner\nmust consider—\n(a) the chief officer’s (fire and rescue service) occupancy loading\nrecommendation for the area under section 86; and\n(b) the building code.\n\nOccupancy loading for licensed premises and permitted premises Part 5\n(3) However, the commissioner must not decide an occupancy loading\nfor an area that exceeds the occupancy loading for the area\nrecommended under section 86 by the chief officer (fire and rescue\nservice).\n","sortOrder":90},{"sectionNumber":"86","sectionType":"section","heading":"Fire engineering study and inspection","content":"86 Fire engineering study and inspection\n(1) This section applies if the commissioner must decide the occupancy\nloading for a public area at licensed premises or permitted premises.\n(2) The commissioner must ask the chief officer (fire and rescue service)\nto recommend an occupancy loading for the area as soon as\npracticable after deciding to—\n(a) issue a licence under section 27 (Licence—decision on\napplication) or an interim licence under section 27A (Licence—\ninterim licence); or\n(b) amend the licence under section 39 (Licence—amendment for\nchange to floor plan of licensed premises); or\n(c) issue the permit under section 51 (Permit—decision on\n(3) To prepare the recommendation, the chief officer (fire and rescue\nservice) may, by written notice (an occupancy loading notice) given\nto the responsible person for the premises, require the person to—\n(a) give the chief officer (fire and rescue service) a fire engineering\nstudy for the area not later than a stated reasonable time; or\n(b) allow the chief officer (fire and rescue service) to inspect the\narea within a stated reasonable time.\n(4) In making the recommendation, the chief officer (fire and rescue\nservice) must consider—\n(a) if the chief officer (fire and rescue service) has required the\nresponsible person for premises to provide a fire engineering\nstudy—the fire engineering study; and\n\n","sortOrder":91},{"sectionNumber":"Part 5","sectionType":"part","heading":"Occupancy loading for licensed premises and permitted premises","content":"Part 5 Occupancy loading for licensed premises and permitted premises\n(b) if the chief officer (fire and rescue service) has required the\nresponsible person for premises to allow an inspection—the\nresults of the inspection; and\n(c) the method of determining the number of people in an area under\nthe building code.\n(5) The chief officer (fire and rescue service) must give the commissioner\nthe officer’s occupancy loading recommendation for an area as soon\nas practicable after—\n(a) the commissioner’s request; and\n(b) the responsible person for the premises—\n(i) provides the study (if required); and\n(ii) allows the inspection (if required).\n","sortOrder":92},{"sectionNumber":"87","sectionType":"section","heading":"Commissioner not to issue licence or permit if","content":"87 Commissioner not to issue licence or permit if\nrequirement not complied with\n(1) This section applies if the chief officer (fire and rescue service) has\ngiven a person an occupancy loading notice for premises and the\nperson does not comply with the notice.\n(2) The commissioner must not issue or amend the licence, or issue the\npermit, for the premises until the notice is complied with.\n\n","sortOrder":93},{"sectionNumber":"Part 6","sectionType":"part","heading":"Risk-assessment management","content":"Part 6 Risk-assessment management\nplans for licensed premises and\n","sortOrder":94},{"sectionNumber":"88","sectionType":"section","heading":"What is a risk-assessment management plan?","content":"88 What is a risk-assessment management plan?\nrisk-assessment management plan, for licensed premises or\npermitted premises, means a plan that—\n(a) details procedures, practices and arrangements for conducting\nthe business of selling liquor at the premises; and\n(b) includes anything prescribed by regulation.\nExamples—what risk-assessment management plan may contain\n1 how the premises are lit\n2 what noise mitigation measures are in place\n3 what security measures are in place\n","sortOrder":95},{"sectionNumber":"89","sectionType":"section","heading":"What is an approved risk-assessment management plan?","content":"89 What is an approved risk-assessment management plan?\napproved risk-assessment management plan, for licensed premises\nor permitted premises, means a risk-assessment management plan\napproved under section 90 for the premises.\n","sortOrder":96},{"sectionNumber":"90","sectionType":"section","heading":"Risk-assessment management plan—approval","content":"90 Risk-assessment management plan—approval\n(1) The commissioner may approve a risk-assessment management plan\nfor licensed premises or permitted premises only if satisfied that the\nprocedures, practices and arrangements in the plan are consistent with\nthe harm minimisation and community safety principles.\n\n(2) If the commissioner decides to approve a risk-assessment\nmanagement plan for licensed premises or permitted premises, the\ncommissioner must give the licensee or permit-holder written notice\nthat the plan has been approved.\n","sortOrder":97},{"sectionNumber":"90A","sectionType":"section","heading":"Risk-assessment management plan—availability","content":"90A Risk-assessment management plan—availability\nThe commissioner must not make a risk-assessment management\nplan, or an approved risk-assessment management plan, for licensed\npremises or permitted premises available to anyone, other than the\nlicensee or permit-holder, unless required to do so by this Act or\nanother law in force in the Territory.\n","sortOrder":98},{"sectionNumber":"90B","sectionType":"section","heading":"Risk-assessment management plan—direction to prepare","content":"90B Risk-assessment management plan—direction to prepare\nplan\n(a) licensed premises operated under a restaurant or cafe licence\ndoes not have an approved risk-assessment management plan;\nand\n(b) the commissioner is satisfied that the premises requires an\napproved risk-assessment management plan.\n(2) The commissioner may, by written notice given to the licensee, direct\nthe licensee to—\n(a) prepare a risk-assessment management plan; and\n(b) submit the plan for approval under section 90.\n(3) In giving the notice to the licensee, the commissioner must tell the\nlicensee that the plan must be submitted to the commissioner before\nthe end of a stated period of at least 14 days after the day the notice\nis given.\n(4) In responding to a notice under this section, the licensee must comply\nwith any requirements prescribed by regulation.\n\n(5) The commissioner may, in writing, require the licensee to allow the\ncommissioner to inspect the premises within a stated reasonable time.\n","sortOrder":99},{"sectionNumber":"90C","sectionType":"section","heading":"Approved risk-assessment management plan—","content":"90C Approved risk-assessment management plan—\namendment on direction from commissioner\n(1) This section applies if an approved risk-assessment management plan\nis in force for licensed premises or permitted premises.\n(2) The commissioner may, by written notice (an amendment notice)\ngiven to the licensee or permit-holder, direct the licensee or\npermit-holder to amend the plan in the way stated in the notice.\n(3) In giving the notice to the licensee or permit-holder (the respondent),\nthe commissioner must tell the respondent that an amendment of the\nplan must be submitted to the commissioner before the end of a stated\nperiod of at least 14 days after the day the notice is given.\n(4) In responding to a notice under this section, the respondent must\ncomply with any requirements prescribed by regulation.\n(5) The commissioner may, in writing, require the respondent to allow\nthe commissioner to inspect the premises within a stated reasonable\n","sortOrder":100},{"sectionNumber":"91","sectionType":"section","heading":"Approved risk-assessment management plan—","content":"91 Approved risk-assessment management plan—\namendment on application\n(1) This section applies if an approved risk-assessment management plan\nis in force for licensed premises or permitted premises.\n(2) The licensee or permit-holder may apply to the commissioner to\namend the approved risk-assessment management plan.\nExample—amendment\nto change a procedure about how the licensee is to deal with intoxicated people\n(3) In applying to amend an approved risk-assessment management plan,\nthe applicant must comply with any requirement prescribed by\n\n(4) The commissioner may, in writing, require the applicant to—\n(a) give the commissioner additional information or documents that\nthe commissioner reasonably needs to decide the application; or\n(b) allow the commissioner to inspect the premises within a stated\n(5) If the applicant does not comply with a requirement under\nsubsection (3) or (4), the commissioner may refuse to consider the\n","sortOrder":101},{"sectionNumber":"92","sectionType":"section","heading":"Approved risk-assessment management plan—decision","content":"92 Approved risk-assessment management plan—decision\non amendment\n(1) This section applies if the commissioner receives an application to\namend an approved risk-assessment management plan under\nsection 91.\n(2) The commissioner may amend the approved risk-assessment\nmanagement plan only if satisfied that—\n(a) the plan as amended would include procedures, practices and\narrangements consistent with the harm minimisation and\ncommunity safety principles; and\n(b) any requirements prescribed by regulation have been complied\nwith.\nNote A decision under s (2) is a reviewable decision (see s 220).\n\nsection 91—90 days after the day the commissioner receives the\nadditional information or documents;\n(b) if the commissioner requires the applicant to allow the\ncommissioner to inspect the premises under section 91—90 days\n(c) 90 days after the day the commissioner receives the application.\nNote Failure to amend an approved risk-assessment management plan within\nthe required time is taken to be a decision not to amend the plan (see ACT\nCivil and Administrative Tribunal Act 2008, s 12).\n","sortOrder":102},{"sectionNumber":"92A","sectionType":"section","heading":"Offence—licensee fail to comply with direction to prepare","content":"92A Offence—licensee fail to comply with direction to prepare\napproved risk-assessment management plan\nA licensee commits an offence if—\n(a) the licensee is given a direction to prepare an approved\nrisk-assessment management plan under section 90B; and\n(b) the licensee fails to comply with the direction.\n","sortOrder":103},{"sectionNumber":"92B","sectionType":"section","heading":"Offence—failure to amend approved risk-assessment","content":"92B Offence—failure to amend approved risk-assessment\n(1) A licensee commits an offence if—\n(a) the licensee is given an amendment notice under section 90C (2)\n(Approved risk-assessment management plan—amendment on\ndirection from commissioner); and\n\n(b) the licensee fails to comply with the notice.\n(2) A permit-holder commits an offence if—\n(a) the permit-holder is given an amendment notice under section\n90C (2); and\n(b) the permit-holder fails to comply with the notice.\n\nAdults-only areas for licensed premises and permitted premises Part 7\nAdults-only area decisions Division 7.1\nPart 7 Adults-only areas for licensed\npremises and permitted premises\nDivision 7.1 Adults-only area decisions\n93 What is an adults-only area?\nadults-only area, for licensed premises or permitted premises, means\nan area decided by the commissioner to be an adults-only area under\nsection 94.\n","sortOrder":104},{"sectionNumber":"94","sectionType":"section","heading":"Adults-only areas decision","content":"94 Adults-only areas decision\n(1) This section applies if the commissioner must decide the adults-only\nareas for licensed premises or permitted premises.\nNote Section 29, s 39 and s 53 require the commissioner to decide adults-only\nareas for premises.\n(2) In deciding the adults-only areas of premises, the commissioner must\nconsider—\n(a) the purpose of the licensed premises or permitted premises; and\n(b) the layout of the licensed premises or permitted premises.\n(3) If the commissioner decides that licensed premises are to include an\nadults-only area, the commissioner may also decide the times when\nthe area is to be used as an adults-only area.\nNote In making a decision under this Act, a decision-maker must have regard\nto the harm minimisation and community safety principles (see s 10).\n\nPart 7 Adults-only areas for licensed premises and permitted premises\nDivision 7.2 Approvals for young people’s event in adults-only area at licensed\nDivision 7.2 Approvals for young people’s event in\nadults-only area at licensed premises\n95 Young people’s event approval—application\n(1) A licensee may apply to the commissioner for approval to conduct a\nyoung people’s event in an adults-only area of the licensed premises.\n(b) include details of—\n(i) the day and time when the event is to start; and\n(ii) the day and time when the event is to end; and\n(iii) the name of each person who is to work at the event; and\n(iv) a police certificate for each person who is to work at the\nevent, dated not earlier than 3 months before the date of the\napplication; and\n(v) anything else prescribed by regulation.\nNote Giving false or misleading information is an offence against the Criminal\n(3) The commissioner may, in writing, require the applicant to—\n(a) give the commissioner additional information or documents that\nthe commissioner reasonably needs to decide the application; or\n(b) allow the commissioner to inspect the premises within a stated\n(4) If the applicant does not comply with a requirement under\nsubsection (3), the commissioner may refuse to consider the\n\nAdults-only areas for licensed premises and permitted premises Part 7\nApprovals for young people’s event in adults-only area at licensed\n","sortOrder":105},{"sectionNumber":"Div 7","sectionType":"division","heading":"2","content":"Division 7.2\n","sortOrder":106},{"sectionNumber":"96","sectionType":"section","heading":"Young people’s event approval—decision","content":"96 Young people’s event approval—decision\napproval to conduct a young people’s event under section 95.\n(2) The commissioner may issue the approval to the applicant only if\nsatisfied that the applicant satisfies the criteria prescribed by\n(a) decide the application for approval; and\nsection 95—90 days after the day the commissioner receives the\napplication;\n(b) if the commissioner requires the applicant to allow the\ncommissioner to inspect the premises under section 95—90 days\n(c) 90 days after the day the commissioner receives the application.\nNote Failure to approve the conduct of a young people’s event within the\nrequired time is taken to be a decision not to approve the event (see ACT\nCivil and Administrative Tribunal Act 2008, s 12).\n","sortOrder":107},{"sectionNumber":"97","sectionType":"section","heading":"Young people’s event approval—form","content":"97 Young people’s event approval—form\n(1) A young people’s event approval must—\n(i) the name of the licensee;\n\n","sortOrder":108},{"sectionNumber":"Part 7","sectionType":"part","heading":"Adults-only areas for licensed premises and permitted premises","content":"Part 7 Adults-only areas for licensed premises and permitted premises\nDivision 7.2 Approvals for young people’s event in adults-only area at licensed\n(ii) the day and time when the event is to start;\n(iii) the day and time when the event is to end;\n(iv) the name of each person approved to work at the event;\n(v) the conditions on the approval;\n(vi) anything else prescribed by regulation.\n(2) A young people’s event approval may include anything else the\ncommissioner considers relevant.\n","sortOrder":109},{"sectionNumber":"98","sectionType":"section","heading":"Young people’s event approval—conditions","content":"98 Young people’s event approval—conditions\nA young people’s event approval is subject to any condition—\n(b) imposed by the commissioner when the approval is issued.\n","sortOrder":110},{"sectionNumber":"99","sectionType":"section","heading":"Young people’s event approval—term","content":"99 Young people’s event approval—term\n(1) A young people’s event approval comes into force on the day and at\nthe time stated in the approval.\n(2) An approval expires at the earlier of the following times:\n(a) the day and time stated in the approval;\n(b) 24 hours after the approval comes into force.\n\nResponsible service of alcohol Division 8.1\n","sortOrder":111},{"sectionNumber":"Part 8","sectionType":"part","heading":"Conduct at licensed premises","content":"Part 8 Conduct at licensed premises\nand permitted premises\n","sortOrder":112},{"sectionNumber":"100","sectionType":"section","heading":"Offence—supply liquor without RSA certificate—licensee","content":"100 Offence—supply liquor without RSA certificate—licensee\nNote Supply includes sell—see dict.\n(b) an employee of the person supplies liquor to someone else; and\n\n(d) the employee does not hold a current RSA certificate.\n(b) an employee of the person supplies liquor to someone else; and\n(d) the employee does not hold a current RSA certificate.\n(6) For this section, a licensee or commercial permit-holder that is a\ncorporation holds a current RSA certificate, if each person in the\ncorporation having day-to-day control of the premises operated under\nthe licence or commercial permit holds a current RSA certificate.\n","sortOrder":113},{"sectionNumber":"101","sectionType":"section","heading":"Offence—supply liquor without RSA certificate—","content":"101 Offence—supply liquor without RSA certificate—\nemployee\n\nResponsible service of alcohol Division 8.1\n(a) the person is an employee of a commercial permit-holder; and\n","sortOrder":114},{"sectionNumber":"102","sectionType":"section","heading":"Offence—crowd controller without RSA certificate","content":"102 Offence—crowd controller without RSA certificate\n(b) a crowd controller is working as a crowd controller at the\n(c) the crowd controller does not hold a current RSA certificate.\n(b) a crowd controller is working as a crowd controller at the\n(c) the crowd controller does not hold a current RSA certificate.\n\n(3) A person commits an offence if the person—\n(a) is a crowd controller; and\n(b) is working as a crowd controller at licensed premises; and\n(c) does not hold a current RSA certificate.\n(4) A person commits an offence if the person—\n(a) is a crowd controller; and\n(b) is working as a crowd controller at permitted premises; and\n(c) does not hold a current RSA certificate.\nNote Crowd controllers are regulated under the Security Industry Act 2003.\n","sortOrder":115},{"sectionNumber":"103","sectionType":"section","heading":"Offence—fail to keep RSA certificates","content":"103 Offence—fail to keep RSA certificates\n(b) fails to keep a copy of a current RSA certificate for each of the\nfollowing people:\n(ii) each person employed to supply liquor at—\n(A) if the licensee holds a catering licence—the catered\n(B) in any other case—the licensed premises;\n\n(iii) each crowd controller working as a crowd controller at the\nlicensed premises.\n(a) is a commercial permit-holder; and\n(b) fails to keep a copy of a current RSA certificate for each of the\nfollowing people:\n(ii) each person employed to supply liquor at the permitted\n(iii) each crowd controller working as a crowd controller at the\n","sortOrder":116},{"sectionNumber":"104","sectionType":"section","heading":"What is intoxicated?","content":"104 What is intoxicated?\n(1) For this Act, a person is intoxicated if—\n(a) the person’s speech, balance, coordination or behaviour is\nnoticeably affected; and\n(b) it is reasonable in the circumstances to believe that the affected\nspeech, balance, coordination or behaviour is the result of the\nconsumption of—\n(i) liquor; or\n(ii) a drug; or\n\n(iii) a combination of liquor and a drug.\ndrug—see the Road Transport (Alcohol and Drugs) Act 1977,\ndictionary, definition of drug, paragraphs (a) and (b).\n","sortOrder":117},{"sectionNumber":"105","sectionType":"section","heading":"Offence—supply liquor to intoxicated person—licensee","content":"105 Offence—supply liquor to intoxicated person—licensee\n(b) an employee of the licensee supplies liquor to another person;\nand\n\n(b) an employee of the permit-holder supplies liquor to another\n(6) In a prosecution for an offence against this section, a substance\nNote A person rebutting the presumption in s (6) has an evidential burden in\n\n","sortOrder":118},{"sectionNumber":"106","sectionType":"section","heading":"Offence—supply liquor to intoxicated person—employee","content":"106 Offence—supply liquor to intoxicated person—employee\n(a) the person is an employee of a permit-holder; and\n(4) In a prosecution for an offence against this section, a substance\n\nNote A person rebutting the presumption in s (4) has an evidential burden in\n","sortOrder":119},{"sectionNumber":"107","sectionType":"section","heading":"Offence—supply liquor to intoxicated person—other","content":"107 Offence—supply liquor to intoxicated person—other\n(a) the person supplies liquor to another person; and\n(b) the other person is intoxicated; and\n(3) This section does not apply to—\n(a) for supply at licensed premises or catered premises—\n(b) for supply at permitted premises—\n(ii) an employee of the permit-holder.\nNote 1 A licensee or permit-holder commits an offence if the licensee or permit-\nholder supplies liquor to an intoxicated person (see s 105).\nNote 2 An employee of a licensee or permit-holder commits an offence if the\nemployee supplies liquor to an intoxicated person (see s 106).\n\n","sortOrder":120},{"sectionNumber":"108","sectionType":"section","heading":"Offence—abuse, threaten, intimidate staff","content":"108 Offence—abuse, threaten, intimidate staff\n(a) a staff member at premises refuses to supply liquor to the person\nbecause the person is intoxicated; and\n(b) the person engages in abusive, threatening or intimidating\nbehaviour towards the staff member; and\n(c) the behaviour is because of the refusal.\n(a) a staff member refuses to supply liquor to an intoxicated person;\nand\n(b) the person engages in abusive, threatening or intimidating\nbehaviour towards the staff member; and\n(c) the behaviour is because of the refusal.\n","sortOrder":121},{"sectionNumber":"110","sectionType":"section","heading":"Offence—supply liquor to child or young person—","content":"110 Offence—supply liquor to child or young person—\n\n(d) the supply happens at permitted premises.\n(b) an employee of the licensee supplies liquor or low-alcohol\nliquor to another person; and\n\n(b) an employee of the permit-holder supplies liquor or low-alcohol\nliquor to another person; and\n(6) This section does not apply in relation to a young person if the young\nmentioned in s (6) (see Criminal Code, s 58).\n(7) In a prosecution for an offence against this section, a substance\n\nNote A person rebutting the presumption in s (7) has an evidential burden in\n","sortOrder":122},{"sectionNumber":"111","sectionType":"section","heading":"Offence—supply liquor to child or young person—","content":"111 Offence—supply liquor to child or young person—\nemployee\n(a) the person is an employee of a permit-holder; and\n\n(4) This section does not apply in relation to a young person at licensed\npremises or catered premises if the young person—\n(ii) the licensee;\n(5) This section does not apply in relation to a young person at permitted\npremises if the young person—\n(ii) the permit-holder;\nmentioned in s (5) (see Criminal Code, s 58).\n(6) In a prosecution for an offence against this section, a substance\n\nNote A person rebutting the presumption in s (6) has an evidential burden in\n","sortOrder":123},{"sectionNumber":"112","sectionType":"section","heading":"Offence—supply liquor to child or young person—other","content":"112 Offence—supply liquor to child or young person—other\n(d) the person is a person other than—\n(i) for supply at licensed premises or catered premises—\n(A) a licensee; or\n(B) an employee of the licensee; or\n(ii) for supply at permitted premises—\n(A) a permit-holder; or\n(B) an employee of the permit-holder.\n\n(3) This section does not apply in relation to a young person at licensed\npremises or catered premises if the young person—\n(ii) the licensee;\n(iii) an employee of the licensee;\n(iv) a crowd controller working as a crowd controller at the\n(4) This section does not apply in relation to a young person at permitted\npremises if the young person—\n(ii) the permit-holder;\n(iii) an employee of the permit-holder;\n(iv) a crowd controller working as a crowd controller at the\nmentioned in ss (3) and (4) (see Criminal Code, s 58).\nNote 2 It is an offence to supply liquor to a child or young person in a public\nplace (see s 204).\n\n","sortOrder":124},{"sectionNumber":"113","sectionType":"section","heading":"Licensee, permit-holder, etc may refuse to supply liquor","content":"113 Licensee, permit-holder, etc may refuse to supply liquor\nwithout identification document\n(1) A staff member at premises may refuse to supply liquor or\nlow-alcohol liquor to a person if, when asked, the person does not\nshow the staff member an identification document identifying the\nperson as an adult.\n(2) This section does not limit the circumstances in which a person may\nrefuse to supply liquor or low-alcohol liquor.\n","sortOrder":125},{"sectionNumber":"114","sectionType":"section","heading":"Offence—child or young person consume liquor—","content":"114 Offence—child or young person consume liquor—\n(b) another person consumes liquor or low-alcohol liquor at—\n(b) another person consumes liquor or low-alcohol liquor at the\n\n(4) This section does not apply in relation to a young person at premises\nif the young person—\n","sortOrder":126},{"sectionNumber":"115","sectionType":"section","heading":"Offence—child or young person consume liquor","content":"115 Offence—child or young person consume liquor\n(b) consumes liquor or low-alcohol liquor at—\n","sortOrder":127},{"sectionNumber":"116","sectionType":"section","heading":"Offence—child or young person possess liquor—licensee","content":"116 Offence—child or young person possess liquor—licensee\n\n(b) another person possesses liquor or low-alcohol liquor at—\n(b) another person possesses liquor or low-alcohol liquor at the\n(4) This section does not apply in relation to a young person if the young\nperson possesses the liquor or low-alcohol liquor in the course of—\n(5) This section does not apply in relation to a young person at premises\nif the young person—\n\nmentioned in ss (4) and (5) (see Criminal Code, s 58).\n","sortOrder":128},{"sectionNumber":"117","sectionType":"section","heading":"Offence—child or young person possess liquor","content":"117 Offence—child or young person possess liquor\n(b) possesses liquor or low-alcohol liquor at—\n(2) This section does not apply to a young person if the young person\npossesses the liquor or low-alcohol liquor in the course of—\nNote 2 A police officer may caution a child or young person in relation to this\n","sortOrder":129},{"sectionNumber":"118","sectionType":"section","heading":"Offence—child or young person supply liquor—licensee","content":"118 Offence—child or young person supply liquor—licensee\n(b) the person employs a child or young person; and\n(c) the child or young person supplies liquor; and\n\n(d) the liquor is supplied in an adults-only area of the licensed\n(b) the person employs a child or young person; and\n(c) the child or young person supplies liquor; and\n(d) the liquor is supplied in an adults-only area of the permitted\n","sortOrder":130},{"sectionNumber":"119","sectionType":"section","heading":"Offence—send child or young person to obtain liquor","content":"119 Offence—send child or young person to obtain liquor\n(a) the person sends another person to buy liquor or low-alcohol\nliquor at—\n(b) the other person is a child or young person.\n(a) the person sends another person to collect liquor or low-alcohol\nliquor at—\n\n(b) the other person is a child or young person.\n(3) This section does not apply in relation to a young person if the young\nperson is sent to obtain liquor or low-alcohol liquor in the course of—\n","sortOrder":131},{"sectionNumber":"120","sectionType":"section","heading":"Offence—child or young person in adults-only area—","content":"120 Offence—child or young person in adults-only area—\n(b) a child or young person is in an adults-only area of the licensed\n(b) a child or young person is in an adults-only area of the permitted\n\n(4) This section does not apply if the child or young person is in the care\nof an adult who—\n(a) is a parent, step-parent, guardian, person acting in place of a\nparent, domestic partner or carer of the child or young person;\nand\n(b) could reasonably be expected to responsibly supervise the child\nor young person.\nNote For the meaning of domestic partner, see the Legislation Act, s 169.\n(5) This section does not apply in relation to a young person if the young\nperson is in the adults-only area in the course of—\n(a) the young person’s employment at the licensed premises or\n(6) This section does not apply in relation to a young person if—\n(a) the young person is attending an approved young people’s event\nin the adults-only area; and\n(b) the event is conducted in accordance with the young people’s\nevent approval.\nNote Young people’s event approvals are made under s 95 (3).\n(7) This section does not apply in relation to a young person if the young\n\nmentioned in ss (4), (5), (6) and (7) (see Criminal Code, s 58).\n","sortOrder":132},{"sectionNumber":"121","sectionType":"section","heading":"Offence—child or young person in adults-only area","content":"121 Offence—child or young person in adults-only area\n(1) A person commits an offence if the person is—\n(a) a child or young person; and\n(b) in an adults-only area at—\n(2) This section does not apply to a child or young person if the child or\nyoung person is in the care of an adult who—\n(a) is a parent, step-parent, guardian, person acting in place of a\nparent, domestic partner or carer of the child or young person;\nand\n(b) could reasonably be expected to responsibly supervise the child\nor young person.\nNote For the meaning of domestic partner, see the Legislation Act, s 169.\n(3) This section does not apply to a young person if the young person is\nin the adults-only area in the course of—\n(a) the young person’s employment at the licensed premises or\nNote 1 Employment of children is dealt with in the Children and Young People\nAct 2008.\nNote 2 Children and young people must not serve liquor (see s 118).\n\n(4) This section does not apply to a young person if—\n(a) the young person is attending an approved young people’s event\nin the adults-only area; and\n(b) the event is conducted in accordance with the young people’s\nevent approval.\nmentioned in ss (2), (3) and (4) (see Criminal Code, s 58).\nNote 2 A police officer may caution a child or young person in relation to this\nNote 3 Young people’s event approvals are made under s 95 (3).\n","sortOrder":133},{"sectionNumber":"122","sectionType":"section","heading":"Offence—child or young person use false identification","content":"122 Offence—child or young person use false identification\nfor adults-only area\n(b) uses a false identification document to obtain entry to an\nadults-only area at—\noffence (see s 149).\n(b) uses a false identification document to remain in an adults-only\narea at—\n\n","sortOrder":134},{"sectionNumber":"123","sectionType":"section","heading":"Offence—fail to mark adults-only areas","content":"123 Offence—fail to mark adults-only areas\n(b) an adults-only area at the licensed premises is not clearly marked\nfor the public in the way prescribed by regulation.\n(b) an adults-only area at the permitted premises is not clearly\nmarked for the public in the way prescribed by regulation.\n","sortOrder":135},{"sectionNumber":"124","sectionType":"section","heading":"Licensee, permit-holder, etc may seize false identification","content":"124 Licensee, permit-holder, etc may seize false identification\ndocument\n(1) If a staff member or crowd controller working at licensed premises or\npermitted premises believes on reasonable grounds that a document\nshown to the person is a false identification document, the staff\nmember or crowd controller may seize the document.\nNote A seizure of a document is an incident under s 130.\n\n(2) However, a staff member or crowd controller working at licensed\npremises or permitted premises must not seize a document that\npurports to be a passport.\n(3) As soon as practicable after a staff member or crowd controller\nworking at licensed premises or permitted premises seizes a\ndocument, the staff member or crowd controller must give a receipt\nfor it to the person from whom it was seized.\n(4) A receipt under this section must include the following:\n(a) a description of the thing seized;\n(b) an explanation of why the thing was seized;\n(c) the date and time the thing was seized;\n(d) the name and address of the premises where the thing was\nseized;\n(e) if the thing is moved from the premises where it is seized—\nwhere the thing is to be taken.\n(5) To remove any doubt, a staff member or crowd controller giving a\nreceipt under this section need not sign it.\n(6) A person commits an offence if the person—\n(a) is a staff member or crowd controller working at licensed\npremises or permitted premises; and\n(b) seizes a document under subsection (1); and\n(c) does not give the document to the commissioner within 7 days\nafter the document is seized.\n\n","sortOrder":136},{"sectionNumber":"125","sectionType":"section","heading":"Offence—exceed occupancy loading","content":"125 Offence—exceed occupancy loading\n(b) the number of people in a public area at the licensed premises is\nmore than the number allowed under the occupancy loading for\nthe area.\n(b) the commissioner has decided an occupancy loading for a public\narea at the permitted premises; and\n(c) the number of people in the public area is more than the number\nallowed under the occupancy loading for the area.\n","sortOrder":137},{"sectionNumber":"126","sectionType":"section","heading":"Offence—fail to display occupancy loading sign","content":"126 Offence—fail to display occupancy loading sign\n(b) fails to display a sign about the occupancy loading at the\nlicensed premises in the way prescribed by regulation.\n\nApproved risk-assessment management plans Division 8.5\n(b) the commissioner has decided an occupancy loading for a public\narea at the permitted premises; and\n(c) the person fails to display a sign about the occupancy loading at\nthe permitted premises in the way prescribed by regulation.\n","sortOrder":138},{"sectionNumber":"Div 8","sectionType":"division","heading":"5 Approved risk-assessment","content":"Division 8.5 Approved risk-assessment\nmanagement plans\n","sortOrder":139},{"sectionNumber":"127","sectionType":"section","heading":"Offence—fail to comply with approved risk-assessment","content":"127 Offence—fail to comply with approved risk-assessment\n(b) fails to comply with an approved risk-assessment management\nplan in force for the licensed premises.\n(a) is a commercial permit-holder; and\n(b) fails to comply with an approved risk-assessment management\nplan in force for the permitted premises.\n(b) an employee of the licensee fails to comply with an approved\nrisk-assessment management plan in force for the licensed\n\n(b) an employee of the permit-holder fails to comply with an\napproved risk-assessment management plan in force for the\n(5) This section does not apply if—\n(a) a term in the approved risk-assessment management plan for the\npremises is inconsistent with a condition on the licence, or\ncommercial permit, for the premises; and\n(b) the defendant complies with the condition.\nmentioned in s (5) (see Criminal Code, s 58).\n","sortOrder":140},{"sectionNumber":"130","sectionType":"section","heading":"What is an incident?—div 8.6","content":"130 What is an incident?—div 8.6\nincident means an incident—\n(a) involving violent, unlawful or anti-social behaviour at licensed\npremises or permitted premises; or\n(b) involving violent or anti-social behaviour that—\n(i) occurs in the immediate vicinity of licensed premises or\n(ii) involves a person who has recently left, or been refused\nadmission to, the premises; or\n(c) resulting in a person being removed from licensed premises or\n\nIncidents Division 8.6\n(d) occurring after midnight and before the time prescribed by\nregulation resulting in a person at licensed premises or permitted\npremises requiring medical assistance; or\n(e) involving the seizure of a document under section 124 (1)\n(Licensee, permit-holder, etc may seize false identification\ndocument); or\n(f) prescribed by regulation.\n","sortOrder":141},{"sectionNumber":"131","sectionType":"section","heading":"Incident reporting","content":"131 Incident reporting\n(1) A licensee or permit-holder must give the commissioner a written\nreport about any incident that happens at licensed premises or\n(2) The report must include the following details:\n(a) a description of the incident;\n(b) the date and time the incident happened;\n(c) the name, address and contact details of each person connected\nwith the incident including—\n(i) each employee of the licensee or permit-holder connected\nwith the incident; and\n(ii) each person working as a crowd controller at the premises\nconnected with the incident; and\n(iii) each police officer connected with the incident;\n(d) for a document seized under section 124 (1)—\n(i) the date and time when the document was seized; and\n(ii) a copy of the receipt given under section 124 (3);\n(e) any action taken in relation to the incident.\n\n(3) However, if a police officer deals with the incident, the report—\n(a) must include—\n(i) the contact details for the police officer; and\n(ii) the time the police officer started dealing with the incident;\nand\n(b) need not include any further details about the incident that\nhappened after that time.\n(4) The report must be given to the commissioner within 24 hours after\nthe incident happened.\n","sortOrder":142},{"sectionNumber":"132","sectionType":"section","heading":"Offence—fail to report incident","content":"132 Offence—fail to report incident\n(b) does not give the commissioner a report under section 131\nwithin 24 hours after an incident happened.\n(b) does not give the commissioner a report under section 131\nwithin 24 hours after an incident happened.\n\nBreath testing machines Division 8.7\nDivision 8.7 Breath testing machines\n","sortOrder":143},{"sectionNumber":"133","sectionType":"section","heading":"What is a breath testing machine?—div 8.7","content":"133 What is a breath testing machine?—div 8.7\nbreath testing machine means a machine that is—\n(a) designed to measure, by analysing a person’s breath, the\nconcentration of alcohol present in the person’s blood; and\n(b) of a type specified in AS 3547-1997 (Breath Alcohol Testing\nDevices for Personal Use) as in force from time to time.\nNote This standard may be purchased at www.standards.org.au.\n","sortOrder":144},{"sectionNumber":"134","sectionType":"section","heading":"Offence—fail to display breath testing machine sign","content":"134 Offence—fail to display breath testing machine sign\n(b) a breath testing machine is installed at the licensed premises; and\n(c) the person fails to display a sign about the breath testing machine\nin the way prescribed by regulation.\n(b) a breath testing machine is installed at the permitted premises;\nand\n(c) the person fails to display a sign about the breath testing machine\nin the way prescribed by regulation.\n\n","sortOrder":145},{"sectionNumber":"135","sectionType":"section","heading":"Evidence of breath tests","content":"135 Evidence of breath tests\n(1) This section applies to evidence of the results of a test that indicates\nthe presence or concentration of alcohol in the blood of a person,\nperformed on a breath testing machine installed at licensed premises\nor permitted premises.\n(2) The evidence is not admissible—\n(a) in a civil proceeding against the licensee or permit-holder; or\n(b) in a criminal proceeding.\n(3) However, this section does not prevent the admission into evidence\nin a civil proceeding of the results of the test if it is established that at\nthe time of the test—\n(a) the breath testing machine did not comply with AS 3547-1997;\nor\n(b) the licensee or permit-holder was aware, or should have been\naware, that the breath testing machine was not operating\ncorrectly; or\n(c) a sign about the breath testing machine was not displayed as\nrequired under section 134.\n","sortOrder":146},{"sectionNumber":"136","sectionType":"section","heading":"Offence—sell petrol at premises","content":"136 Offence—sell petrol at premises\n(b) the person sells petrol to another person; and\n(c) the sale happens at the licensed premises.\n\n(b) the person sells petrol to another person; and\n(c) the sale happens at the permitted premises.\n(3) This section does not apply to the sale of petrol at licensed premises\nprescribed by regulation.\n","sortOrder":147},{"sectionNumber":"137","sectionType":"section","heading":"Offence—conduct prohibited promotional activities","content":"137 Offence—conduct prohibited promotional activities\n(b) the person conducts a prohibited promotional activity; and\n(c) the activity is conducted at the licensed premises.\n(b) the person conducts a prohibited promotional activity; and\n(c) the activity is conducted at the permitted premises.\n(b) another person conducts a prohibited promotional activity; and\n(c) the person knows about the activity; and\n(d) the activity is conducted at the licensed premises.\n\n(b) another person conducts a prohibited promotional activity; and\n(c) the person knows about the activity; and\n(d) the activity is conducted at the permitted premises.\nprohibited promotional activity means an activity that—\n(a) encourages excessive or rapid consumption of liquor; or\n(b) is prescribed by regulation.\n","sortOrder":148},{"sectionNumber":"138","sectionType":"section","heading":"Offence—remain in or re-enter vicinity of premises","content":"138 Offence—remain in or re-enter vicinity of premises\n(a) the person has been refused admission to or turned out of\npremises under section 143B; and\n(b) the person—\n(i) remains in the vicinity of the premises; or\n(ii) re-enters the vicinity of the premises within 6 hours after\nbeing refused admission or turned out.\n(2) Subsection (1) does not apply if the person—\n(a) reasonably fears for the person’s safety if the person does not\nremain in or re-enter the vicinity of the premises; or\n(b) must remain in or re-enter the vicinity of the premises to get\ntransport; or\n\n(c) lives in the vicinity of the premises.\nvicinity of premises means any place that is less than 50m from any\npoint on the boundary of the premises.\n","sortOrder":149},{"sectionNumber":"139","sectionType":"section","heading":"Offence—consume liquor at off licensed premises","content":"139 Offence—consume liquor at off licensed premises\n(a) the person is an off licensee; and\n(b) another person consumes liquor at the off licensed premises.\n(a) the person consumes liquor; and\n(b) the consumption happens at off licensed premises.\n(4) This section does not apply if the person consuming the liquor at the\npremises is—\n(a) the off licensee; or\n(b) an employee of the licensee; or\n(c) a family member of the licensee.\n\n(5) This section does not apply if the person consuming the liquor at the\npremises was supplied with the liquor for consumption as a sample of\nliquor available for sale and—\n(a) there was no charge for the sample; and\n(b) the sample was consumed at the premises in an area stated to be\na sampling area.\nmentioned in ss (4) and (5) (see Criminal Code, s 58).\n","sortOrder":150},{"sectionNumber":"139A","sectionType":"section","heading":"Offence—take liquor from on licensed premises","content":"139A Offence—take liquor from on licensed premises\n(a) the person is an on licensee; and\n(b) another person—\n(i) buys liquor at the on licensed premises; and\n(ii) takes the liquor away from the premises.\n(a) bought liquor at on licensed premises; and\n(b) takes the liquor away from the premises.\n(4) This section does not apply if—\n(a) the person taking the liquor away from the premises is—\n(i) the on licensee; or\n(iii) a family member of the licensee; or\n\n(b) the liquor is the unconsumed portion of wine in an opened bottle\nthat the person bought for consumption on the premises with a\nmeal.\n","sortOrder":151},{"sectionNumber":"140","sectionType":"section","heading":"Offence—sexually explicit entertainment","content":"140 Offence—sexually explicit entertainment\n(b) there is sexually explicit entertainment at the licensed premises.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\n(b) there is sexually explicit entertainment at the permitted\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\n(3) This section does not apply if—\n(a) the premises are in a prescribed location; or\n(b) the entertainment is in a room at the premises used for\naccommodation.\nsexual intercourse—see the Crimes Act 1900, section 50 (1).\nsexually explicit entertainment—\n(a) means a performance or other entertainment—\n(i) in which a person displays genitalia; or\n\n(ii) that includes sexual intercourse; and\n(b) includes a performance, or other entertainment, prescribed by\n","sortOrder":152},{"sectionNumber":"141","sectionType":"section","heading":"Offence—fail to keep licence or permit at premises","content":"141 Offence—fail to keep licence or permit at premises\n(b) fails to keep the licence at the licensed premises.\n(b) fails to keep the permit at the permitted premises.\n","sortOrder":153},{"sectionNumber":"142","sectionType":"section","heading":"Offence—fail to keep records in required way","content":"142 Offence—fail to keep records in required way\n(a) is a licensee or permit-holder; and\n(b) sells liquor; and\n(c) does not record the sale—\n(i) in electronic form; and\n(ii) in a way that is easily retrievable.\n(a) is a licensee or permit-holder; and\n\n(b) sells liquor; and\n(c) makes a record of the sale; and\n(d) does not keep the record for at least 6 years.\n","sortOrder":154},{"sectionNumber":"143","sectionType":"section","heading":"Offence—club licensee advertise for public attendance","content":"143 Offence—club licensee advertise for public attendance\n(a) the person is a club licensee; and\n(b) the person publishes a statement; and\n(c) the statement—\n(i) constitutes an invitation to the public to attend the licensed\n(ii) could reasonably be understood as an invitation to the\npublic to attend the licensed premises.\n","sortOrder":155},{"sectionNumber":"143A","sectionType":"section","heading":"Offence—fail to comply with direction to display sign","content":"143A Offence—fail to comply with direction to display sign\n(b) the person is directed, in writing, by the commissioner to display\na sign at the licensed premises of the licensee; and\n(c) the person fails to—\n(i) display the sign; or\n(ii) display the sign in accordance with the direction.\n\n(b) the person is directed, in writing, by the commissioner to display\na sign at the permitted premises of the permit-holder; and\n(c) the person fails to—\n(i) display the sign; or\n(ii) display the sign in accordance with the direction.\n","sortOrder":156},{"sectionNumber":"143B","sectionType":"section","heading":"Excluding people from premises","content":"143B Excluding people from premises\n(1) An authorised person may refuse to admit to, or may turn out of,\ncatered premises, licensed premises or permitted premises a person\nwho is intoxicated, violent, quarrelsome or disorderly.\n(2) An authorised person may use reasonable force to turn a person out\nof catered premises, licensed premises or permitted premises under\nsubsection (1).\n(3) This section does not limit any other right a person has to refuse to\nadmit a person to, or to turn a person out of, catered premises, licensed\npremises or permitted premises.\nauthorised person means—\n(a) a police officer; and\n(b) for catered or licensed premises—\n\n(ii) an employee or agent of the licensee; or\n(iii) a person working as a crowd controller at the premises; and\n(c) for permitted premises—\n(ii) an employee or agent of the permit-holder; or\n(iii) a person working as a crowd controller at the premises.\n","sortOrder":157},{"sectionNumber":"143C","sectionType":"section","heading":"Definitions—div 8.10","content":"143C Definitions—div 8.10\nexcluded person—see section 143D.\nexclusion order—see section 143D.\nexclusion period—see section 143D.\n","sortOrder":158},{"sectionNumber":"143D","sectionType":"section","heading":"Meaning of exclusion order, excluded person and","content":"143D Meaning of exclusion order, excluded person and\nexclusion period\nAn exclusion order is an order made by a magistrate that prohibits a\nperson (the excluded person) from entering or remaining on licensed\npremises to which the order applies for a stated period (the exclusion\nperiod).\n","sortOrder":159},{"sectionNumber":"143E","sectionType":"section","heading":"Application for exclusion order","content":"143E Application for exclusion order\n(1) The chief police officer may apply to a magistrate for an exclusion\norder for a person.\n(2) At least 2 days before applying for the exclusion order, the chief\npolice officer must notify the commissioner of the chief police\nofficer’s intention to apply for the order.\n\n(3) The application must be in writing and include—\n(a) a statement of the grounds on which the application is made; and\n(b) information to support those grounds.\n(4) The chief police officer must—\n(a) give a copy of the application to the person; and\n(b) tell the person the time and date when the application is to be\nheard.\n(5) The application may be heard and decided in the absence of the\nperson if the person has been given notice under subsection (4) (b).\n","sortOrder":160},{"sectionNumber":"143F","sectionType":"section","heading":"Making of exclusion order","content":"143F Making of exclusion order\n(1) On application under section 143E, a magistrate may make an\nexclusion order for a person, but only if satisfied that—\n(a) the person has, in company with others and on 1 or more\noccasions in the 12 months before the application was made,\nengaged in violent conduct on or in the immediate vicinity of\nany licensed premises; and\n(b) making an exclusion order will reduce the risk to public safety.\n(2) An exclusion order applies to all licensed premises operated under the\nfollowing licences:\n(b) an on licence (other than a restaurant and cafe licence);\n\n(3) However, on application by the chief police officer or the person, the\nmagistrate may decide the exclusion does not apply to particular\nlicensed premises (the relevant premises) if the magistrate is satisfied\nthat—\n(a) the person has a legitimate and genuine need to be on the\n(b) allowing the person to be on the premises would not pose a risk\nto public safety.\n(4) The exclusion period must be 12 months unless the magistrate\nconsiders that a shorter period is appropriate having regard to the\nnature and seriousness of the conduct.\n(5) An exclusion order must state—\n(a) the name of the excluded person; and\n(b) if there are no relevant premises—that the exclusion applies to\nall licensed premises mentioned in subsection (2); and\n(c) if there are relevant premises—that the exclusion applies to all\nlicensed premises other than the relevant premises and the\ndetails of the relevant premises; and\n(d) the exclusion period.\n(6) The magistrate must give a copy of the exclusion order to—\n(a) the excluded person; and\n(b) the chief police officer; and\n(c) the commissioner.\n\n","sortOrder":161},{"sectionNumber":"143G","sectionType":"section","heading":"Offence—excluded person on premises contrary to","content":"143G Offence—excluded person on premises contrary to\nexclusion order\n(a) is subject to an exclusion order in relation to licensed premises;\nand\n(b) enters or remains on the premises; and\n(c) is reckless about whether the premises are licensed premises that\nthe person may not enter or remain on under the exclusion order.\n(2) This section does not apply if the person has a reasonable excuse.\n","sortOrder":162},{"sectionNumber":"143H","sectionType":"section","heading":"Display of notice about effect of exclusion order","content":"143H Display of notice about effect of exclusion order\n(1) This section applies to the licensee of premises operated under any of\nthe following licences:\n(b) an on licence (other than a restaurant and cafe licence);\n(2) The licensee must display a notice at or near the entrance to the\nlicensed premises telling people about the effect of section 143G.\n\n","sortOrder":163},{"sectionNumber":"143I","sectionType":"section","heading":"Amending or revoking exclusion order","content":"143I Amending or revoking exclusion order\n(1) A person subject to an exclusion order may apply to a magistrate\nfor—\n(a) an amendment of the order in relation to the licensed premises\nto which it applies; or\n(b) revocation of the order.\n(2) The application must be in writing and include—\n(a) for an amendment of the order—the change sought to the\nlicensed premises to which it applies; and\n(b) a statement of the grounds on which the application is made; and\n(c) information to support those grounds.\n(3) The magistrate may amend the exclusion order so that it does not\napply to particular licensed premises only if satisfied that there has\nbeen a change of circumstances that means—\n(a) the person has a legitimate and genuine need to be on the\n(b) allowing the person to be on the premises would not pose a risk\nto public safety.\n(4) The magistrate may revoke the exclusion order only if satisfied that\nthere has been a change of circumstances that means the person being\non the premises would no longer pose a risk to public safety.\n(5) An excluded person may make an application under subsection (1)\nnot more than—\n(a) for an exclusion period of less than 9 months—once during the\nperiod; and\n(b) for an exclusion period of at least 9 months, but not more than\n12 months—twice during the period.\n\n","sortOrder":164},{"sectionNumber":"Part 9","sectionType":"part","heading":"Directions, emergency closure","content":"Part 9 Directions, emergency closure\norders and cautions\n","sortOrder":165},{"sectionNumber":"144","sectionType":"section","heading":"Commissioner may direct licensee, permit-holder,","content":"144 Commissioner may direct licensee, permit-holder,\nemployee etc\n(1) This section applies if the commissioner believes on reasonable\ngrounds that there is, or is likely to be—\n(a) a contravention of this Act; or\n(b) a breach of a licence or permit.\n(2) The commissioner may direct (a commissioner’s direction) 1 or more\nof the following people to take action to prevent the contravention or\nbreach:\n(a) a licensee;\n(b) an employee of a licensee;\n(c) a person working at the licensed premises;\n(d) a permit-holder;\n(e) an employee of a permit-holder;\n(f) a person working at the permitted premises.\nExamples—commissioner’s direction\n1 to a licensee to require people to leave a public area of the licensed premises\nbecause the occupancy loading for the area has been exceeded\n2 to a licensee to reduce loud noise coming from premises\n\nCommissioner’s directions Division 9.1\n3 to a licensee to remove or discontinue a promotion that is a prohibited\npromotional activity under s 137\n(3) A commissioner’s direction must—\n(b) either—\n(i) state—\n(A) the action to be taken; and\n(B) when the direction must be complied with; or\n(ii) state—\n(A) the conduct not to be undertaken; and\n(B) how long the direction is in force.\n(4) A commissioner’s direction must not state a day or time for\ncompliance that is earlier than the day or time the person is given the\ncommissioner’s direction.\n","sortOrder":166},{"sectionNumber":"145","sectionType":"section","heading":"Offence—fail to comply with commissioner’s direction","content":"145 Offence—fail to comply with commissioner’s direction\n(a) a commissioner’s direction is in force for the person; and\n(b) the person fails to take reasonable steps to comply with the\ndirection.\n\nDivision 9.1A Direction to give security camera images\nDivision 9.1A Direction to give security camera\nimages\n145A Commissioner or police may direct licensee to give\nsecurity camera images\n(a) a licensee has fitted 1 or more security cameras in accordance\nwith a condition—\n(i) prescribed by regulation under section 31 (2) (a); or\n(ii) imposed by the commissioner under section 31 (2) (b); and\n(b) the commissioner or a senior police officer believes on\nreasonable grounds that there is, or is likely to be—\n(i) a contravention of this Act; or\n(ii) a breach of the licence.\n(2) The commissioner or senior police officer may, in writing, direct the\nlicensee to give the commissioner or senior police officer images\nrecorded by a security camera within 5 days after the direction is\ngiven.\n","sortOrder":167},{"sectionNumber":"145B","sectionType":"section","heading":"Offence—fail to comply with direction to give security","content":"145B Offence—fail to comply with direction to give security\ncamera images\nA licensee commits an offence if—\n(a) the licensee is given a direction under section 145A; and\n(b) the licensee fails to comply with the direction.\n\nEmergency closure orders Division 9.2\n","sortOrder":168},{"sectionNumber":"146","sectionType":"section","heading":"Emergency closure of premises for 24 hours","content":"146 Emergency closure of premises for 24 hours\n(1) A senior police officer may order (an emergency closure order) a\nlicensee, or permit-holder, to close licensed premises, or permitted\npremises, if the officer believes on reasonable grounds that—\n(a) a breach of this Act has happened, or is likely to happen; and\n(b) the closure of the premises is necessary to prevent or reduce a\nsignificant threat or significant risk to the safety of the\ncommunity.\n(2) Without limiting subsection (1), the circumstances in which there\nmay be a significant threat or significant risk to the safety of the\ncommunity include circumstances in which there is—\n(a) a threat to public health or safety; or\n(b) a risk of substantial damage to property; or\n(c) a significant threat to the environment; or\n(d) a risk of an offence against a law of the ACT, with a maximum\npenalty of imprisonment for 2 years or more, being committed\nat the premises.\n(3) An emergency closure order must not require the closure of premises\nfor longer than a continuous period of 24 hours.\n(4) If an emergency closure order is made under subsection (1), a police\nofficer must, in writing, tell the licensee or permit-holder—\n(a) the name of the senior police officer making the order; and\n(b) when the order starts; and\n(c) when the order ends.\nNote An emergency closure notice for the emergency closure order must be\ngiven to the licensee or permit-holder as soon as practicable after the\norder is made (see s 147 (1)).\n\n(5) If an emergency closure order is in force for licensed premises, or\npermitted premises, the licence, or permit, is suspended for the period\nof the order.\n","sortOrder":169},{"sectionNumber":"147","sectionType":"section","heading":"Emergency closure notice","content":"147 Emergency closure notice\n(1) If a senior police officer makes an emergency closure order for\nlicensed premises or permitted premises the officer must, as soon as\npracticable, give a notice (an emergency closure notice) to the\nlicensee or permit-holder.\n(2) An emergency closure notice must—\n(b) state—\n(i) the date of issue of the notice; and\n(ii) when the order starts; and\n(iii) when the order ends; and\n(iv) the breach of this Act that the senior police officer believes\nhas happened or is likely to happen; and\n(v) the grounds for the officer’s belief; and\n(c) be signed by the senior police officer.\n(3) The senior police officer must also—\n(a) keep a record of the emergency closure notice in the police\nrecords; and\n(b) give a copy of the notice to the commissioner.\n\nPolice cautions for children and young people Division 9.3\n","sortOrder":170},{"sectionNumber":"148","sectionType":"section","heading":"Offence—fail to comply with emergency closure order","content":"148 Offence—fail to comply with emergency closure order\n(a) the person is—\n(i) a licensee; or\n(ii) a permit-holder; and\n(b) an emergency closure order is in force for the person; and\n(c) the person fails to comply with the emergency closure order.\nMaximum penalty units: 50 penalty units.\n","sortOrder":171},{"sectionNumber":"Div 9","sectionType":"division","heading":"3 Police cautions for children and","content":"Division 9.3 Police cautions for children and\nyoung people\n","sortOrder":172},{"sectionNumber":"149","sectionType":"section","heading":"Definitions—div 9.3","content":"149 Definitions—div 9.3\ncaution offence means any of the following offences:\n(a) section 115 (Offence—child or young person consume liquor);\n(b) section 117 (Offence—child or young person possess liquor);\n(c) section 121 (Offence—child or young person in adults-only\narea);\n(d) section 122 (Offence—child or young person use false\nidentification for adults-only area);\n(e) section 202 (Offence—child or young person buy liquor);\n(f) section 203 (Offence—child or young person use false\nidentification to buy liquor);\n(g) section 211 (Offence—child or young person use false\nidentification to obtain proof of identity card).\n\nCYP director-general means the director-general responsible for the\nChildren and Young People Act 2008.\n","sortOrder":173},{"sectionNumber":"150","sectionType":"section","heading":"Police may caution children and young people","content":"150 Police may caution children and young people\n(1) A police officer may caution a child or young person for a caution\noffence if—\n(a) the police officer believes on reasonable grounds that the child\nor young person is committing, or has committed, the offence;\nand\n(b) the child or young person has not been cautioned in the\npreceding 12 months for a caution offence.\n(2) A caution must—\n(b) state—\n(i) the date of issue of the caution; and\n(ii) the caution offence that the police officer believes the child\nor young person is committing, or has committed; and\n(iii) the grounds for the police officer’s belief; and\n(c) warn the child or young person that if the child or young person\nengages in behaviour that constitutes a further caution offence\nwithin 12 months after the date of issue of the caution, the child\nor young person may be prosecuted for the further offence; and\n(d) be signed by the police officer.\n(3) A police officer who issues a caution must—\n(a) keep the caution in the police records; and\n(b) give a copy of the caution to—\n(i) the child or young person; and\n\nPolice cautions for children and young people Division 9.3\n(ii) a person with parental responsibility for the child or young\n(iii) if the CYP director-general has parental responsibility\n(whether shared or otherwise) for the child or young\nperson—the CYP director-general; and\n(iv) the commissioner.\nNote A copy of the caution must be given to the person as soon as possible (see\nLegislation Act, s 151B).\n(4) If a child or young person is cautioned for an offence, the child or\nyoung person must not be prosecuted in a court for the offence.\n","sortOrder":174},{"sectionNumber":"151","sectionType":"section","heading":"Police must caution and release child or young person as","content":"151 Police must caution and release child or young person as\nsoon as practicable\n(1) If a police officer intends to caution a child or young person, the\npolice officer must—\n(a) take the child or young person to a police station; and\n(b) issue the caution within a reasonable time after the child or\nyoung person is taken to the station.\n(2) If a police officer cautions a child or young person, the police officer\nmust as soon as practicable after the caution is issued—\n(a) arrange for the child or young person to be escorted by a police\nofficer to the child’s or young person’s home; or\n(b) arrange for a person with parental responsibility for the child or\nyoung person to come to the police station to collect the child or\nyoung person; or\n(c) release the child or young person.\n(3) If a police officer releases a child or young person under\nsubsection (2) (c), the police officer must tell the CYP\ndirector-general about the release as soon as practicable after the\nrelease.\n\n","sortOrder":175},{"sectionNumber":"152","sectionType":"section","heading":"Chief police officer may revoke cautions","content":"152 Chief police officer may revoke cautions\n(1) The chief police officer may revoke a caution issued to a child or\nyoung person if satisfied that the police officer who issued the caution\ndid not act in accordance with section 150 or section 151.\n(2) If the chief police officer revokes a caution, the chief police officer\nmust—\n(a) destroy the caution kept in the police records; and\n(b) take reasonable steps to tell the child or young person that the\ncaution is revoked; and\n(c) if the CYP director-general was given a copy of the caution\nunder section 150 (3) (b)—tell the CYP director-general that the\ncaution is revoked; and\n(d) tell the commissioner that the caution is revoked.\n\nGeneral Division 10.1\n","sortOrder":176},{"sectionNumber":"Div 10","sectionType":"division","heading":"1 General","content":"Division 10.1 General\n","sortOrder":177},{"sectionNumber":"153","sectionType":"section","heading":"Definitions—pt 10","content":"153 Definitions—pt 10\nconnected—a thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used, to commit\nthe offence.\noccupier, of premises, includes—\n(a) a person believed on reasonable grounds to be an occupier of the\n(b) a person apparently in charge of the premises.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be, committed.\nwarrant means a warrant issued under division 10.3 (Search\nwarrants).\n","sortOrder":178},{"sectionNumber":"154","sectionType":"section","heading":"Power to enter premises","content":"154 Power to enter premises\n(1) For this Act, an authorised person may—\n(a) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public (whether or not on payment\nof money); or\n\n(b) at any time when the premises is open for business, enter the\n(c) enter premises at any time when there are reasonable grounds\nfor suspecting that liquor is being sold on the premises; or\n(d) at any time, enter premises with the occupier’s consent; or\n(e) enter premises in accordance with a licence or permit condition;\nor\n(f) enter premises in accordance with a search warrant; or\n(g) at any time, enter premises if the authorised person believes on\nreasonable grounds that the circumstances are so serious and\nurgent that immediate entry to the premises without the\nauthority of a search warrant is necessary.\n(2) However, subsection (1) (a) and (b) do not authorise entry into a part\nof premises that is being used only for residential purposes.\n(3) An authorised person may, without the consent of the occupier of\npremises, enter land around the premises to ask for consent to enter\nthe premises.\n(4) To remove any doubt, an authorised person may enter premises under\nsubsection (1) without payment of an entry fee or other charge.\nat any reasonable time includes at any time when the public is\nentitled to use the premises, or when the premises are open to or used\nby the public (whether or not on payment of money).\n","sortOrder":179},{"sectionNumber":"155","sectionType":"section","heading":"Production of identity card","content":"155 Production of identity card\n(1) An investigator must not remain at premises entered under this part if\nthe investigator does not produce his or her identity card when asked\nby the occupier.\n\nPowers of authorised people Division 10.2\n(2) A police officer must not remain at premises entered under this part\nif the officer does not produce evidence that the officer is a police\nofficer when asked by the occupier.\n","sortOrder":180},{"sectionNumber":"156","sectionType":"section","heading":"Consent to entry","content":"156 Consent to entry\n(1) When seeking the consent of an occupier of premises to enter\npremises under section 154 (1) (d), an authorised person must—\n(a) either—\n(i) if the person is an investigator—produce his or her identity\ncard; or\n(ii) if the person is a police officer—produce evidence that he\nor she is a police officer; and\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this part may be used\nin evidence in court; and\n(iii) that consent may be refused.\n(2) If the occupier consents, the authorised person must ask the occupier\nto sign a written acknowledgment (an acknowledgment of\nconsent)—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this part may be used\nin evidence in court; and\n(iii) that consent may be refused; and\n(b) that the occupier consented to the entry; and\n(c) stating the time and date when consent was given.\n\n(3) If the occupier signs an acknowledgment of consent, the authorised\nperson must immediately give a copy to the occupier.\n(4) A court must find that the occupier did not consent to entry to the\npremises by the authorised person under this part if—\n(a) the question arises in a proceeding in the court whether the\noccupier consented to the entry; and\n(b) an acknowledgment of consent is not produced in evidence; and\n(c) it is not proved that the occupier consented to the entry.\n","sortOrder":181},{"sectionNumber":"157","sectionType":"section","heading":"General powers on entry to premises","content":"157 General powers on entry to premises\n(1) An authorised person who enters premises under this part may, for\nthis Act, do 1 or more of the following in relation to the premises or\nanything at the premises:\n(a) inspect or examine;\n(b) take measurements or conduct tests;\n(c) take samples;\n(d) take photographs, films, or audio, video or other recordings;\n(e) require the occupier, or anyone at the premises, to give the\nauthorised person reasonable help to exercise a power under this\npart.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n(2) A person must take reasonable steps to comply with a requirement\nmade of the person under subsection (1) (e).\n\nPowers of authorised people Division 10.2\n","sortOrder":182},{"sectionNumber":"158","sectionType":"section","heading":"Power to seize things","content":"158 Power to seize things\n(1) An authorised person who enters premises under this part with the\noccupier’s consent may seize anything at the premises if—\n(a) the authorised person is satisfied on reasonable grounds that the\nthing is connected with an offence against this Act; and\n(b) seizure of the thing is consistent with the purpose of the entry\ntold to the occupier when seeking the occupier’s consent.\n(2) An authorised person who enters premises under a warrant under this\npart may seize anything at the premises that the authorised person is\nauthorised to seize under the warrant.\n(3) An authorised person who enters premises under this part (whether\nwith the occupier’s consent, under a warrant or otherwise) may seize\nanything at the premises if satisfied on reasonable grounds that—\n(a) the thing is connected with an offence against this Act; and\n(b) the seizure is necessary to prevent the thing from being—\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n(4) Also, an authorised person who enters premises under this part\n(whether with the consent of a person in charge of the premises, under\na warrant or otherwise) may seize anything at the premises if satisfied\non reasonable grounds that the thing poses a risk to the health or\nsafety of people or of damage to property or the environment.\n(5) The powers of an authorised person under subsections (3) and (4) are\nadditional to any powers of the authorised person under subsections\n(1) or (2) or any other territory law.\n(6) Having seized a thing, an authorised person may—\n(a) remove the thing from the premises where it was seized\n(the place of seizure) to another place; or\n\n(b) leave the thing at the place of seizure but restrict access to it.\n(7) A person commits an offence if—\n(a) the person interferes with a seized thing, or anything containing\na seized thing, to which access has been restricted under\nsubsection (6); and\n(b) the person does not have an authorised person’s approval to\ninterfere with the thing.\n(8) An offence against this section is a strict liability offence.\nNote See also s 201 about disposal of liquor seized in public places.\n","sortOrder":183},{"sectionNumber":"159","sectionType":"section","heading":"Warrants generally","content":"159 Warrants generally\n(1) An authorised person may apply to a magistrate for a warrant to enter\n(2) The application must be sworn and state the grounds on which the\nwarrant is sought.\n(3) The magistrate may refuse to consider the application until the\nauthorised person gives the magistrate all the information the\nmagistrate requires about the application in the way the magistrate\nrequires.\n(4) The magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\nagainst this Act; and\n(b) the thing or activity—\n(i) is, or is being engaged in, at the premises; or\n\nSearch warrants Division 10.3\n(ii) may be, or may be engaged in, at the premises within the\nnext 7 days.\n(5) The warrant must state—\n(a) that an authorised person may, with any necessary assistance\nand force, enter the premises and exercise the authorised\nperson’s powers under this part; and\n(b) the offence for which the warrant is issued; and\n(c) the things that may be seized under the warrant; and\n(d) the hours when the premises may be entered; and\n(e) the date, within 7 days after the day of the warrant’s issue, the\nwarrant ends.\n","sortOrder":184},{"sectionNumber":"160","sectionType":"section","heading":"Warrants—application made other than in person","content":"160 Warrants—application made other than in person\n(1) An authorised person may apply for a warrant by phone, fax, email,\nradio or other form of communication if the authorised person\nconsiders it necessary because of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n(2) Before applying for the warrant, the authorised person must prepare\nan application stating the grounds on which the warrant is sought.\n(3) The authorised person may apply for the warrant before the\napplication is sworn.\n(4) After issuing the warrant, the magistrate must immediately provide a\nwritten copy to the authorised person if it is practicable to do so.\n(5) If it is not practicable to provide a written copy to the authorised\n(a) the magistrate must tell the authorised person—\n(i) the terms of the warrant; and\n\n(ii) the date and time the warrant was issued; and\n(b) the authorised person must complete a form of warrant\n(the warrant form) and write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n(6) The written copy of the warrant, or the warrant form properly\ncompleted by the authorised person, authorises the entry and the\nexercise of the authorised person’s powers under this part.\n(7) The authorised person must, at the first reasonable opportunity, send\nto the magistrate—\n(a) the sworn application; and\n(b) if the authorised person completed a warrant form—the\ncompleted warrant form.\n(8) On receiving the documents, the magistrate must attach them to the\nwarrant.\n(9) A court must find that a power exercised by the authorised person was\nnot authorised by a warrant under this section if—\n(a) the question arises in a proceeding in the court whether the\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n\nSearch warrants Division 10.3\n","sortOrder":185},{"sectionNumber":"161","sectionType":"section","heading":"Search warrants—announcement before entry","content":"161 Search warrants—announcement before entry\n(1) An authorised person must, before anyone enters premises under a\nsearch warrant—\n(a) announce that the authorised person is authorised to enter the\n(b) give anyone at the premises an opportunity to allow entry to the\n(c) if the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises—identify\nhimself or herself to the person.\n(2) The authorised person is not required to comply with subsection (1)\nif the authorised person believes on reasonable grounds that\nimmediate entry to the premises is required to ensure—\n(a) the safety of anyone (including the authorised person or any\nperson assisting); or\n(b) that the effective execution of the warrant is not frustrated.\n","sortOrder":186},{"sectionNumber":"162","sectionType":"section","heading":"Details of search warrant to be given to occupier etc","content":"162 Details of search warrant to be given to occupier etc\nIf the occupier of premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the authorised person or a person assisting\nmust make available to the person—\n(a) a copy of the warrant; and\n(b) a document setting out the rights and obligations of the person.\n","sortOrder":187},{"sectionNumber":"163","sectionType":"section","heading":"Occupier entitled to be present during search etc","content":"163 Occupier entitled to be present during search etc\n(1) If the occupier of premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the person is entitled to observe the search\nbeing conducted.\n\n(2) However, the person is not entitled to observe the search if—\n(a) to do so would impede the search; or\n(b) the person is under arrest, and allowing the person to observe\nthe search being conducted would interfere with the objectives\nof the search.\n(3) This section does not prevent 2 or more areas of the premises being\nsearched at the same time.\n","sortOrder":188},{"sectionNumber":"164","sectionType":"section","heading":"Receipt for things seized","content":"164 Receipt for things seized\n(1) As soon as practicable after an authorised person seizes a thing under\nthis part, the authorised person must give a receipt for it to the person\nfrom whom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe authorised person must leave the receipt, secured conspicuously,\nat the place of seizure under section 158 (Power to seize things).\n(3) A receipt under this section must include the following:\n(a) a description of the thing seized;\n(b) an explanation of why the thing was seized;\n(c) the authorised person’s name, and how to contact the authorised\nperson;\n(d) if the thing is moved from the premises where it is seized—\nwhere the thing is to be taken.\n\nReturn and forfeiture of things seized Division 10.4\n","sortOrder":189},{"sectionNumber":"165","sectionType":"section","heading":"Moving things to another place for examination or","content":"165 Moving things to another place for examination or\nprocessing under search warrant\n(1) A thing found at premises entered under a search warrant may be\nmoved to another place for examination or processing to decide\nwhether it may be seized under the warrant if—\n(a) both of the following apply:\n(i) there are reasonable grounds for believing that the thing is\nor contains something to which the warrant relates;\n(ii) it is significantly more practicable to do so having regard\nto the timeliness and cost of examining or processing the\nthing at another place and the availability of expert\nassistance; or\n(b) the occupier of the premises agrees in writing.\n(2) The thing may be moved to another place for examination or\nprocessing for not longer than 72 hours.\n(3) An authorised person may apply to a magistrate for an extension of\ntime if the authorised person believes on reasonable grounds that the\nthing cannot be examined or processed within 72 hours.\n(4) The authorised person must give notice of the application to the\noccupier of the premises, and the occupier is entitled to be heard on\nthe application.\n(5) If a thing is moved to another place under this section, the authorised\nperson must, if practicable—\n(a) tell the occupier of the premises the address of the place where,\nand time when, the examination or processing will be carried\nout; and\n(b) allow the occupier or the occupier’s representative to be present\nduring the examination or processing.\n\n(6) The provisions of this part relating to the issue of search warrants\napply, with any necessary changes, to the giving of an extension\nunder this section.\n","sortOrder":190},{"sectionNumber":"166","sectionType":"section","heading":"Access to things seized","content":"166 Access to things seized\nA person who would, apart from the seizure, be entitled to inspect a\nthing seized under this part may—\n(a) inspect it; and\n(b) if it is a document—take extracts from it or make copies of it.\n","sortOrder":191},{"sectionNumber":"167","sectionType":"section","heading":"Return of things seized","content":"167 Return of things seized\n(1) A thing seized under this part must be returned to its owner, or\nreasonable compensation must be paid to the owner by the Territory\nfor the loss of the thing, unless—\n(a) a prosecution for an offence against a territory law in connection\nwith the thing is begun within 1 year after the day the seizure is\nmade and the thing is required to be produced in evidence in the\nprosecution; or\n(b) an application for the forfeiture of the seized thing is made to a\ncourt under the Confiscation of Criminal Assets Act 2003 or\nanother territory law within 1 year after the day the seizure is\nmade; or\n(c) all proceedings in relation to the offence with which the seizure\nwas connected have ended and the court has not made an order\nabout the thing.\n(2) However, this section does not apply to a thing—\n(a) if the director-general believes on reasonable grounds that the\nonly practical use of the thing in relation to the premises where\nit was seized would be an offence against this Act; or\n(b) if possession of it by its owner would be an offence.\n\nReturn and forfeiture of things seized Division 10.4\n","sortOrder":192},{"sectionNumber":"168","sectionType":"section","heading":"Forfeiture of seized things","content":"168 Forfeiture of seized things\n(a) anything seized under this part has not been returned under\nsection 167; and\n(b) an application for disallowance of the seizure under section\n170—\n(i) has not been made within 10 days after the day of the\nseizure; or\n(ii) has been made within the 10-day period, but the\napplication has been refused or withdrawn before a\ndecision in relation to the application had been made.\n(2) If this section applies to the seized thing—\n(a) it is forfeited to the Territory; and\n(b) it may be sold, destroyed or otherwise disposed of as the\ndirector-general directs.\n","sortOrder":193},{"sectionNumber":"169","sectionType":"section","heading":"Power to destroy unsafe things","content":"169 Power to destroy unsafe things\n(1) This section applies to anything inspected or seized under this part by\nan authorised person if the authorised person is satisfied on\nreasonable grounds that the thing poses a risk to the health or safety\nof people or of damage to property or the environment.\n(2) The authorised person may direct a person in charge of the premises\nwhere the thing is to destroy or otherwise dispose of the thing.\n(3) The direction may state 1 or more of the following:\n(a) how the thing must be destroyed or otherwise disposed of;\n(b) how the thing must be kept until it is destroyed or otherwise\ndisposed of;\n\n(c) the period within which the thing must be destroyed or otherwise\ndisposed of.\n(4) A person in charge of the premises where the thing is commits an\noffence if the person contravenes a direction given to the person under\nsubsection (2).\nMaximum penalty: 100 penalty units.\n(5) Alternatively, if the thing has been seized under this part, the\nauthorised person may destroy or otherwise dispose of the thing.\n(6) Costs incurred by the Territory in relation to the disposal of a thing\nunder subsection (5) are a debt owing to the Territory by, and are\nrecoverable together and separately from, the following people:\n(a) the person who owned the thing;\n(b) each person in control of the premises where the thing was.\n(7) An offence against this section is a strict liability offence.\n","sortOrder":194},{"sectionNumber":"170","sectionType":"section","heading":"Application for order disallowing seizure","content":"170 Application for order disallowing seizure\n(1) A person claiming to be entitled to anything seized under this part\nmay apply to the Magistrates Court within 10 days after the day of\nthe seizure for an order disallowing the seizure.\n(2) The application may be heard only if the applicant has served a copy\nof the application on the director-general.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n(3) The director-general is entitled to appear as respondent at the hearing\nof the application.\n","sortOrder":195},{"sectionNumber":"171","sectionType":"section","heading":"Order for return of seized thing","content":"171 Order for return of seized thing\n(1) This section applies if a person claiming to be entitled to anything\nseized under this part applies to the Magistrates Court under\nsection 170 for an order disallowing the seizure.\n\nEnforcement—miscellaneous Division 10.5\n(2) The Magistrates Court must make an order disallowing the seizure if\nsatisfied that—\n(a) the applicant would, apart from the seizure, be entitled to the\nreturn of the seized thing; and\n(b) the thing is not connected with an offence against this Act; and\n(c) possession of the thing by the person would not be an offence.\n(3) The Magistrates Court may also make an order disallowing the\nseizure if satisfied there are exceptional circumstances justifying the\nmaking of the order.\n(4) If the Magistrates Court makes an order disallowing the seizure, the\ncourt may make 1 or more of the following ancillary orders:\n(a) an order directing the director-general to return the thing to the\napplicant or to someone else who appears to be entitled to it;\n(b) if the thing cannot be returned or has depreciated in value\nbecause of the seizure—an order directing the Territory to pay\nreasonable compensation;\n(c) an order about the payment of costs in relation to the application.\n","sortOrder":196},{"sectionNumber":"172","sectionType":"section","heading":"Damage etc to be minimised","content":"172 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this part, an\nauthorised person must take all reasonable steps to ensure that the\nperson causes as little inconvenience, detriment and damage as\npracticable.\n(2) If an authorised person damages anything in the exercise or purported\nexercise of a function under this part, the authorised person must give\nwritten notice of the particulars of the damage to the person the\nauthorised person believes on reasonable grounds is the owner of the\nthing.\n\n(3) The notice must state that—\n(a) the person may claim compensation from the Territory if the\nperson suffers loss or expense because of the damage; and\n(b) compensation may be claimed and ordered in a proceeding for\ncompensation brought in a court of competent jurisdiction; and\n(c) the court may order the payment of reasonable compensation for\nthe loss or expense only if satisfied it is just to make the order in\nthe circumstances of the particular case.\n(4) If the damage happens at premises entered under this part in the\nabsence of the occupier, the notice may be given by leaving it, secured\nconspicuously, at the premises.\n","sortOrder":197},{"sectionNumber":"173","sectionType":"section","heading":"Compensation for exercise of enforcement powers","content":"173 Compensation for exercise of enforcement powers\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense because of the exercise, or purported exercise,\nof a function under this part by an authorised person.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act brought against the person making\nthe claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n\nGeneral Division 11.1\nPart 11 Complaints and occupational\ndiscipline\nDivision 11.1 General\n174 Who is a licensee?—pt 11\nlicensee—\n(a) means a licensee or former licensee; and\n(b) includes an influential person for a corporation that is a licensee\nor former licensee.\n","sortOrder":198},{"sectionNumber":"175","sectionType":"section","heading":"Who is a commercial permit-holder?—pt 11","content":"175 Who is a commercial permit-holder?—pt 11\ncommercial permit-holder—\n(a) means a commercial permit-holder or former commercial\npermit-holder; and\n(b) includes an influential person for a corporation that is a\ncommercial permit-holder or former commercial permit-holder.\n\n","sortOrder":199},{"sectionNumber":"176","sectionType":"section","heading":"Who may complain?","content":"176 Who may complain?\nA person who believes on reasonable grounds that a ground for\noccupational discipline exists in relation to a licensee or commercial\npermit-holder may complain to the commissioner.\nExamples—people who may complain\n1 a member of the public\n2 a user of a service\nNote Ground for occupational discipline, for a licensee—see s 183.\nGround for occupational discipline, for a commercial permit-holder—\nsee s 184.\n","sortOrder":200},{"sectionNumber":"177","sectionType":"section","heading":"Form of complaint","content":"177 Form of complaint\n(1) A complaint must—\n(b) include the name and address of the person making the\ncomplaint (the complainant).\n(2) However, the commissioner may accept a complaint for consideration\neven if it does not comply with subsection (1).\n","sortOrder":201},{"sectionNumber":"178","sectionType":"section","heading":"Withdrawal of complaints","content":"178 Withdrawal of complaints\n(1) A complainant may withdraw the complaint at any time by written\nnotice to the commissioner.\n(2) If the complainant withdraws the complaint, the commissioner—\n(a) need not take further action on the complaint; and\n(b) may take further action on the complaint if the commissioner\nconsiders it appropriate to do so; and\n(c) need not report to the complainant under section 182 (Action\nafter investigating complaint) on the results of taking the action.\n\nComplaints Division 11.2\n","sortOrder":202},{"sectionNumber":"179","sectionType":"section","heading":"Further information about complaint etc","content":"179 Further information about complaint etc\n(1) The commissioner may, at any time, require a complainant to give the\ncommissioner—\n(a) further information about the complaint; or\n(b) a statement verifying all or part of the complaint.\n(2) When making a requirement under this section, the commissioner\nmust give the complainant a reasonable period of time to satisfy the\nrequirement and may extend that period, whether before or after it\nends.\n(3) If the complainant does not comply with a requirement under\nsubsection (1), the commissioner need not, but may, take further\naction in relation to the complaint.\n","sortOrder":203},{"sectionNumber":"180","sectionType":"section","heading":"Investigation of complaint","content":"180 Investigation of complaint\nThe commissioner must take reasonable steps to investigate each\ncomplaint the commissioner accepts for consideration.\n","sortOrder":204},{"sectionNumber":"181","sectionType":"section","heading":"No further action on complaint","content":"181 No further action on complaint\nThe commissioner must not take further action on a complaint if\nsatisfied that the complaint—\n(a) lacks substance; or\n(b) is frivolous, vexatious or was not made genuinely; or\n(c) has been adequately dealt with.\nNote The commissioner may also take no further action on a complaint if the\ncomplainant has not complied with a requirement made under s 179 (see\ns 179 (3)).\n\n","sortOrder":205},{"sectionNumber":"182","sectionType":"section","heading":"Action after investigating complaint","content":"182 Action after investigating complaint\n(1) After investigating a complaint against a licensee or commercial\npermit-holder, the commissioner must—\n(a) if satisfied on reasonable grounds that a ground for occupational\ndiscipline exists in relation to the complaint—\n(i) apply to the ACAT for an occupational discipline order in\nrelation to the licensee or commercial permit-holder; and\n(ii) tell the complainant, in writing, that the application has\nbeen made; or\n(b) if not satisfied that a ground for occupational discipline exists in\nrelation to the complaint—\n(i) tell the complainant, in writing, that the commissioner will\nnot take further action on the complaint; and\n(ii) not take further action on the complaint.\n(2) Subsection (1) (b) (ii) does not prevent the commissioner from taking\nfurther action in relation to a complaint if the commissioner becomes\nsatisfied that a ground for occupational discipline exists in relation to\nthe complaint.\nNote The commissioner need not notify the complainant under s (1) if the\ncomplainant has withdrawn the complaint (see s 178).\n","sortOrder":206},{"sectionNumber":"182A","sectionType":"section","heading":"Meaning of person of concern—div 11.3","content":"182A Meaning of person of concern—div 11.3\nperson of concern—a person is a person of concern if—\n(a) the person is subject to a cancellation order made under part 11B\n(Cancellation of licence or permit for criminal activity); and\n\n(b) the cancellation order was made on the basis, or partly on the\nbasis, of the criminal activity of the person.\n","sortOrder":207},{"sectionNumber":"183","sectionType":"section","heading":"Grounds for occupational discipline—licensee","content":"183 Grounds for occupational discipline—licensee\n(1) Each of the following is a ground for occupational discipline in\nrelation to a licensee:\n(a) the licensee has contravened, or is contravening, a provision of\n(b) the licensed premises do not comply with the requirements of\n(c) the licensee is not a suitable person to hold a licence;\nNote For what ACAT must consider in deciding suitability—see s 185.\n(d) the licensed premises are not suitable premises for the licence;\nNote For what ACAT must consider in deciding suitability—see s 186.\n(e) the commissioner has made a commissioner’s direction for the\nlicensee and the licensee has not complied with the direction;\nNote Commissioner’s direction—see s 144.\n(f) a senior police officer has made an emergency closure order for\nthe licensee and the licensee has not complied with the order;\nNote Emergency closure order—see s 146.\n(g) the licensee has allowed the licensed premises to be used in a\nway that causes undue disturbance or inconvenience to people—\n(i) lawfully at the premises; or\n(ii) occupying premises in the neighbourhood;\n\n(h) a loss of amenity has arisen in the vicinity of the licensed\npremises that is attributable to the premises and about which\nthere has been a complaint;\n(i) the licensee has allowed people to smoke in a part of the licensed\npremises that is—\n(ii) an outdoor eating or drinking place (other than a designated\noutdoor smoking area);\n(j) the licensee has failed to take reasonable steps to prevent smoke\nfrom another area occupied by the licensee entering—\n(ii) an outdoor eating or drinking place (other than a designated\noutdoor smoking area);\n(k) the licensee has allowed a person of concern to do 1 or more of\nthe following in relation to the business operated under the\n(i) exercise a significant influence in relation to the conduct of\nthe business;\n(ii) take part in a directorial, managerial or executive decision\n(iii) elect or appoint a person as an executive officer in the\n(2) There are grounds to suspend a licence if—\n(a) the licensee has—\n(i) contravened a commissioner’s direction; or\n(ii) breached a condition of the licence; and\n(b) it is in the public interest to suspend the licence; and\n\n(c) it is not appropriate to cancel the licence.\n(3) There are grounds to cancel a licence if—\n(a) the licensee was given an immediate suspension notice under\nsection 46A (Licence—immediate suspension for failure to pay\nfee); and\n(b) the licensee failed to pay the fee within 28 days after the\nimmediate suspension notice was given.\n","sortOrder":208},{"sectionNumber":"184","sectionType":"section","heading":"Grounds for occupational discipline—commercial","content":"184 Grounds for occupational discipline—commercial\n(1) Each of the following is a ground for occupational discipline in\nrelation to a commercial permit-holder:\n(a) the permit-holder has contravened, or is contravening, a\nprovision of this Act;\n(b) the permitted premises do not comply with the requirements of\n(c) the permit-holder is not a suitable person to hold a permit;\nNote For what ACAT must consider in deciding suitability—see s 185.\n(d) the permitted premises are not suitable premises for the permit;\nNote For what ACAT must consider in deciding suitability—see s 186.\n(e) the commissioner has made a commissioner’s direction for the\npermit-holder and the permit-holder has not complied with the\ndirection;\nNote Commissioner’s direction—see s 144.\n\n(f) a senior police officer has made an emergency closure order for\nthe permit-holder and the permit-holder has not complied with\nthe order;\nNote Emergency closure order—see s 146.\n(g) the permit-holder has allowed the permitted premises to be used\nin a way that causes undue disturbance or inconvenience to\npeople—\n(i) lawfully at the premises; or\n(ii) occupying premises in the neighbourhood;\n(h) a loss of amenity has arisen in the vicinity of the permitted\npremises that is attributable to the premises and about which\nthere has been a complaint;\n(i) the permit-holder has allowed people to smoke in a part of the\npermitted premises that is—\n(ii) an outdoor eating or drinking place;\n(j) the permit-holder has failed to take reasonable steps to prevent\nsmoke from another area occupied by the permit-holder\nentering—\n(ii) an outdoor eating or drinking place;\n(k) the permit-holder has allowed a person of concern to do 1 or\nmore of the following in relation to the business operated under\nthe permit:\n(i) exercise a significant influence in relation to the conduct of\nthe business;\n(ii) take part in a directorial, managerial or executive decision\n\n(iii) elect or appoint a person as an executive officer in the\n(2) There are grounds to suspend a commercial permit if—\n(a) the permit-holder has—\n(i) contravened a commissioner’s direction; or\n(ii) breached a condition of the permit; and\n(b) it is in the public interest to suspend the permit; and\n(c) it is not appropriate to cancel the permit.\n","sortOrder":209},{"sectionNumber":"185","sectionType":"section","heading":"ACAT must consider suitability information, etc about","content":"185 ACAT must consider suitability information, etc about\nlicensee or commercial-permit holder\nIn deciding whether a licensee or commercial permit-holder is a\nsuitable person to hold a licence or commercial permit, the ACAT\nmust consider the following:\n(a) suitability information about the licensee or permit-holder;\n(b) any police certificate or other information about the person\n(ii) section 40 (Licence—application to transfer licence); or\n(iii) section 71 (Commissioner may require police certificate or\ninformation for person etc);\n(c) any public consultation representation about the person received\nby the commissioner under section 35 (Licence—\n\n(d) any information or documents given to the commissioner\n(i) section 91 (4) (Risk-assessment management plan—\n(ii) section 95 (3) (Young people’s event approval—\n","sortOrder":210},{"sectionNumber":"186","sectionType":"section","heading":"ACAT must consider suitability information, etc about","content":"186 ACAT must consider suitability information, etc about\nIn deciding whether premises are suitable premises for a licence or\npermit, the ACAT must consider the following:\n(a) suitability information about the premises;\n(b) any certificate, plan or other information about the premises\n(ii) section 39 (Licence—amendment for change to floor plan\nof licensed premises); or\n(iii) section 50 (Permit—application); or\n(iv) section 79 (Commissioner may require plan etc for\npremises);\n(c) any public consultation representation about the premises\nreceived by the commissioner under section 35 (Licence—\n(d) any information or documents given to the commissioner\n(i) section 91 (4) (Risk-assessment management plan—\n(ii) section 95 (3) (Young people’s event approval—\napplication);\n\n(e) results of any inspection of the premises by the commissioner\n(i) section 80 (Commissioner may require inspection of\npremises); or\n(ii) section 91 (4) (Risk-assessment management plan—\n(iii) section 95 (3) (Young people’s event approval—\n","sortOrder":211},{"sectionNumber":"187","sectionType":"section","heading":"Application to ACAT for occupational discipline","content":"187 Application to ACAT for occupational discipline\n(1) If the commissioner believes on reasonable grounds that a ground for\noccupational discipline exists in relation to a licensee or commercial\npermit-holder, the commissioner may apply to the ACAT for an\noccupational discipline order in relation to the licensee or\nNote The ACT Civil and Administrative Tribunal Act 2008, s 66 sets out\noccupational discipline orders the ACAT may make.\n(2) For an application in relation to a permit-holder, the ACAT Act\napplies as if a reference in the ACAT Act to—\n(a) a person who is licensed includes a reference to a person who is\na commercial permit-holder; and\n(b) a licence includes a reference to a commercial permit.\n\n","sortOrder":212},{"sectionNumber":"187A","sectionType":"section","heading":"Definitions—pt 11A","content":"187A Definitions—pt 11A\napproved procedures means procedures approved under\nsection 187D (1) for carrying out an approved program of compliance\ntesting.\napproved program means a program of compliance testing approved\nunder section 187C (1).\nauthorised person does not include a police officer.\ncompliance test—see section 187B.\npurchase assistant—see section 187B (a).\n","sortOrder":213},{"sectionNumber":"187B","sectionType":"section","heading":"What is a compliance test?—pt 11A","content":"187B What is a compliance test?—pt 11A\nFor this part, a compliance test—\n(a) involves a young person (a purchase assistant), under the\nsupervision of an authorised person, purchasing, or trying to\npurchase, liquor from a licensee; and\n(b) is carried out to obtain evidence that may lead to the prosecution\nof a person, or other action being taken against a person, for an\noffence against section 110 (Offence—supply liquor to child or\nyoung person—licensee or permit-holder); and\nExample—other action\naction under pt 11 (Complaints and occupational discipline)\n(c) may involve the purchase assistant and the authorised person\nengaging in conduct that would, apart from section 187F\n(Lawfulness of compliance testing), be an offence against a\nterritory law.\n\nCompliance testing Part 11A\n","sortOrder":214},{"sectionNumber":"187C","sectionType":"section","heading":"Approval of compliance testing programs","content":"187C Approval of compliance testing programs\n(1) The Minister may approve a program of compliance testing.\n(2) However, the Minister must not approve a program of compliance\ntesting unless—\n(a) the Minister is satisfied that the program is necessary to deter\nthe sale of liquor to children and young people in the area where\nthe program will operate; and\n(b) the program states the area where the program will operate and\nwhen the program begins and ends; and\n(c) the program is not longer than 3 months; and\n(d) the Minister has approved procedures under section 187D.\nExamples—considerations—par (a)\n1 evidence of sales to children in the area where the program will operate\n2 the success of other enforcement methods\n3 the results of previous compliance tests in the area where the program will\noperate\n4 the period since compliance testing was previously carried out in the area\nwhere the program will operate\n","sortOrder":215},{"sectionNumber":"187D","sectionType":"section","heading":"Approval of compliance testing procedures","content":"187D Approval of compliance testing procedures\n(1) The Minister may approve procedures for carrying out approved\nprograms of compliance testing.\n(2) The Minister must not approve procedures under subsection (1)\nunless satisfied that the procedures—\n(a) provide that, in carrying out a compliance test, a purchase\nassistant’s welfare is paramount; and\n(b) appropriately protect a purchase assistant’s health and safety;\nand\n(c) allow a purchase assistant to stop taking part in a compliance\ntest at any time during the test; and\n\n(d) ensure that, as far as practicable, a purchase assistant’s identity\nis protected during a compliance test; and\n(e) require a purchase assistant to be, as far as practicable,\nindistinguishable from other purchasers and to look like a young\n(f) require a purchase assistant not to lie to anyone about how old\nthe assistant is during a compliance test; and\n(g) only allow a compliance test to take place during normal\nbusiness hours or at any other time when the premises where the\ntest takes place is being used in relation to the licensee’s normal\nbusiness; and\n(h) comply with anything else prescribed by regulation.\n(3) An approval is a disallowable instrument.\n","sortOrder":216},{"sectionNumber":"187E","sectionType":"section","heading":"Carrying out compliance testing","content":"187E Carrying out compliance testing\n(1) An authorised person may carry out a compliance test in accordance\nwith an approved program and the approved procedures.\n(2) An authorised person may use a young person as a purchase assistant\nin a compliance test only if the young person, and at least 1 person\nwho has parental responsibility under the Children and Young People\nAct 2008, division 1.3.2 for the young person, have given informed\nconsent to the young person being a purchase assistant.\nNote If 2 or more people share parental responsibility for a child or young\nperson, any of them may discharge the responsibility (see Children and\nYoung People Act 2008, s 18 (2)).\n(3) Each consent under subsection (2) must be in writing.\n\nCompliance testing Part 11A\ninformed consent, by a person, means consent given by the person\nafter the following matters have been explained to the person:\n(a) a purchase assistant’s role in a compliance test, including the\nassistant’s role in any prosecution of a person for an offence\nagainst section 110 (Offence—supply liquor to child or young\nperson—licensee or permit-holder);\n(b) the effect of section 187F and section 187G (Indemnification of\nauthorised people and purchase assistants);\n(c) anything else required by the approved procedures.\n","sortOrder":217},{"sectionNumber":"187F","sectionType":"section","heading":"Lawfulness of compliance testing","content":"187F Lawfulness of compliance testing\n(1) Despite any other territory law, conduct engaged in honestly by an\nauthorised person is not unlawful, and is not an offence by the person,\nif the conduct is engaged in for the purpose of carrying out a\ncompliance test in accordance with an approved program and the\napproved procedures.\n(2) Despite any other territory law, conduct engaged in honestly by a\npurchase assistant is not unlawful, and is not an offence by the\nassistant, if—\n(a) the conduct is engaged in for the purpose of carrying out a\ncompliance test; and\n(b) the assistant acts in accordance, or substantially in accordance,\nwith the instructions (if any) of an authorised person supervising\nthe compliance test.\n(3) However, this section does not—\n(a) authorise a purchase assistant to enter or be in a place that would\nbe otherwise unlawful for the assistant to enter or be in; or\n\n(b) prevent action being taken against an authorised person under\nthe Public Sector Management Act 1994 in relation to a failure\nby the authorised person or a purchase assistant to comply with\napproved procedures.\nExample—par (a)\nan adults-only area\n","sortOrder":218},{"sectionNumber":"187G","sectionType":"section","heading":"Indemnification of authorised people and purchase","content":"187G Indemnification of authorised people and purchase\nassistants\n(1) An authorised person is not civilly liable for conduct engaged in for\nthe purpose of carrying out a compliance test in accordance with an\napproved program and the approved procedures.\n(2) A purchase assistant is not civilly liable for conduct engaged in for\nthe purpose of carrying out a compliance test if the assistant acts in\naccordance, or substantially in accordance, with the instructions (if\nany) of an authorised person for the test.\n(3) However, this section does not prevent action being taken against an\nauthorised person under the Public Sector Management Act 1994 in\nrelation to a failure of the authorised person or a purchase assistant to\ncomply with approved procedures.\n(4) Any liability that would, apart from this section, attach to an\nauthorised person or purchase assistant attaches instead to the\nTerritory.\n\n","sortOrder":219},{"sectionNumber":"Part 11B","sectionType":"part","heading":"Cancellation of licence or permit","content":"Part 11B Cancellation of licence or permit\nfor criminal activity\n","sortOrder":220},{"sectionNumber":"187H","sectionType":"section","heading":"Definitions—pt 11B","content":"187H Definitions—pt 11B\ncancellation order, for a licence or permit, means an order made\nunder section 187J.\ninvolved, with a licence—a person is involved with a licence if the\nperson is—\n(a) the licensee; or\n(b) a close associate of the licensee; or\n(c) if the licensee is a corporation—an influential person for the\ncorporation; or\n(d) if someone other than the licensee has day-to-day control of the\nbusiness operated under the licence—a person who has\nday-to-day control.\ninvolved, with a permit—a person is involved with a permit if the\nperson is—\n(a) the permit-holder; or\n(b) a close associate of the permit-holder; or\n(c) if the permit-holder is a corporation—an influential person for\nthe corporation; or\n(d) if someone other than the permit-holder has day-to-day control\nof the business operated under the permit—a person who has\nday-to-day control.\n\n","sortOrder":221},{"sectionNumber":"187I","sectionType":"section","heading":"Application for cancellation order","content":"187I Application for cancellation order\n(1) The chief police officer may apply to the ACAT for a cancellation\norder for a licence or permit.\n(2) At least 2 days before applying for the cancellation order, the chief\npolice officer must notify the commissioner of the chief police\nofficer’s intention to apply for the order.\n(3) The chief police officer must give a copy of the application to—\n(a) for a cancellation order for a licence—the licensee; and\n(b) for a cancellation order for a permit—the permit-holder.\n","sortOrder":222},{"sectionNumber":"187J","sectionType":"section","heading":"Cancellation order","content":"187J Cancellation order\n(1) On application under section 187I, the ACAT may make a\ncancellation order if satisfied—\n(a) for a licence—that because of the criminal activity of a person\ninvolved with the licence, the licensee continuing to hold the\nlicence presents an unacceptable risk to community safety; and\n(b) for a permit—that because of the criminal activity of a person\ninvolved with the permit, the permit-holder continuing to hold\nthe permit presents an unacceptable risk to community safety.\n(2) For subsection (1)—\n(a) the ACAT must consider the need to minimise the possibility of\ncriminal activity in the liquor industry; and\n(b) the matters the ACAT may consider include—\n(i) whether a person involved with a licence or permit has\nbeen convicted or found guilty of a relevant offence or had\nan exclusion order made against them; and\n(ii) non-conviction information about a person involved with a\n\n(iii) the harm minimisation and community safety principles.\nNote Harm minimisation and community safety principles—see\ns 10.\n(3) However the ACAT must not make a cancellation order on the basis\nof—\n(a) for a licence—the criminal activity of an involved person other\nthan the licensee, unless the ACAT has—\n(i) told the licensee about the proposed cancellation and who\nthe involved person is; and\n(ii) given the licensee a stated reasonable time within which to\ntake steps to ensure that the person ceases to be involved\nwith the licence; and\n(b) for a permit—the criminal activity of an involved person other\nthan the permit-holder, unless the ACAT has—\n(i) told the permit-holder about the proposed cancellation and\nwho the involved person is; and\n(ii) given the permit-holder a stated reasonable time within\nwhich to take steps to ensure that the person ceases to be\ninvolved with the permit.\n(4) If the ACAT makes a cancellation order for a licence or permit, the\nchief police officer must give a copy of the order to the commissioner.\nnon-conviction information, about a person, means information\nabout whether the person—\n(a) has been charged with a relevant offence but—\n(i) a proceeding for the offence is not finalised; or\n(ii) the charge has lapsed, been withdrawn or discharged, or\nstruck out; or\n\n(b) has been acquitted of a relevant offence; or\n(c) has had a conviction for a relevant offence quashed or set aside;\nor\n(d) has been served with an infringement notice for a relevant\noffence; or\n(e) has a spent conviction for a relevant offence.\nNote The Spent Convictions Act 2000 sets out which convictions can be\nspent (see that Act, s 11) and when a conviction is spent (see that\nAct, s 12).\nrelevant offence means any of the following:\n(a) an offence punishable by imprisonment for 5 years or longer;\n(b) an offence against the Crimes Act 1900, section 26 (Common\nassault) or section 35A (1);\n(c) an offence involving fraud or dishonesty;\n(d) an offence against this Act or a law of another jurisdiction\nsubstantially corresponding to this Act.\n","sortOrder":223},{"sectionNumber":"187K","sectionType":"section","heading":"Cancellation order—revocation","content":"187K Cancellation order—revocation\nThe ACAT may revoke a cancellation order for a licence or permit if\nsatisfied that, as a result of a change in circumstances—\n(a) for a licence—the person who held the licence is no longer\nengaged in criminal activity that would, if the person were a\nlicensee, present an unacceptable risk to community safety; and\n(b) for a permit—the person who was the permit-holder is no longer\nengaged in criminal activity that would, if the person were a\npermit-holder, present an unacceptable risk to community\nsafety.\n\n","sortOrder":224},{"sectionNumber":"187L","sectionType":"section","heading":"Offences—cancellation order—involvement of person","content":"187L Offences—cancellation order—involvement of person\nengaged in criminal activity\n(a) the person was involved with a licence; and\n(b) the person is subject to a cancellation order for the licence made\nunder section 187J; and\ncriminal activity of the person; and\n(d) the person does 1 or more of the following in relation to the\nbusiness operated under the licence that was cancelled:\n(i) exercises a significant influence in relation to the conduct\nof the business;\n(ii) takes part in a directorial, managerial or executive decision\n(iii) elects or appoints a person as an executive officer in the\n(a) the person was involved with a permit; and\n(b) the person is subject to a cancellation order for the permit made\nunder section 187J; and\ncriminal activity of the person; and\n(d) the person does 1 or more of the following in relation to the\nbusiness that was operated under the permit that was cancelled:\n(i) exercises a significant influence in relation to the conduct\nof the business;\n\n(ii) takes part in a directorial, managerial or executive decision\n(iii) elects or appoints a person as an executive officer in the\n\nResponsible service of alcohol (RSA) training courses Part 12\nApproval to provide RSA training courses Division 12.1\nPart 12 Responsible service of alcohol\n(RSA) training courses\nDivision 12.1 Approval to provide RSA training\ncourses\n188 Definitions—div 12.1\napproved RSA training course, for an approved RSA training\nprovider, means a training course for which the RSA training provider\nholds an RSA training course approval under section 190.\napproved RSA training provider means a registered training\norganisation that holds an RSA training course approval under\nsection 190.\nregistered training organisation—see the National Vocational\nEducation and Training Regulator Act 2011 (Cwlth), section 3.\n","sortOrder":225},{"sectionNumber":"189","sectionType":"section","heading":"RSA training course approval—application","content":"189 RSA training course approval—application\n(1) A registered training organisation may apply to the commissioner for\napproval (an RSA training course approval) to provide a stated\ntraining course about the responsible service of alcohol.\n(2) The commissioner may, in writing, require the applicant to give the\ncommissioner additional information or documents that the\ncommissioner reasonably needs to decide the application.\nExample—information or documents\ninformation about the proposed training course\n","sortOrder":226},{"sectionNumber":"190","sectionType":"section","heading":"RSA training course approval—decision on application","content":"190 RSA training course approval—decision on application\napproval under section 189.\n\n","sortOrder":227},{"sectionNumber":"Part 12","sectionType":"part","heading":"Responsible service of alcohol (RSA) training courses","content":"Part 12 Responsible service of alcohol (RSA) training courses\n","sortOrder":228},{"sectionNumber":"Div 12","sectionType":"division","heading":"1 Approval to provide RSA training courses","content":"Division 12.1 Approval to provide RSA training courses\n(2) The commissioner may issue the approval to the applicant only if\nsatisfied that it is in the public interest to issue the approval.\n(a) decide the application for approval; and\n(b) tell the applicant about the decision on the application.\nsection 189—90 days after the day the commissioner receives\nthe additional information or documents;\n(b) 90 days after the day the commissioner receives the application.\nNote Failure to issue an approval within a reasonable period is taken to be a\ndecision not to grant the approval (see ACT Civil and Administrative\n","sortOrder":229},{"sectionNumber":"191","sectionType":"section","heading":"RSA training course approval—form","content":"191 RSA training course approval—form\nAn RSA training course approval must—\n(b) state the name of the registered training organisation to which it\nis issued; and\n(c) identify the training course to which it applies; and\n(d) if the approval is conditional—state the conditions to which the\napproval is subject; and\n(e) state when the approval was issued; and\n(f) state when the approval expires; and\n(g) include anything prescribed by regulation.\n\nResponsible service of alcohol (RSA) training courses Part 12\nRSA training course certificates Division 12.2\n","sortOrder":230},{"sectionNumber":"192","sectionType":"section","heading":"RSA training course approval—term","content":"192 RSA training course approval—term\nAn RSA training course approval, unless renewed or cancelled,\nremains in force until the end of 30 June after the day it is issued.\n","sortOrder":231},{"sectionNumber":"193","sectionType":"section","heading":"What is an RSA certificate?","content":"193 What is an RSA certificate?\nRSA certificate, for a person, means—\n(a) a certificate issued by an approved RSA training provider for an\napproved RSA training course—\n(i) certifying that the person satisfactorily completed the\ncourse on a stated day; and\n(ii) stating when the certificate expires; or\n(b) an interstate RSA certificate.\ninterstate RSA training provider means a registered training\norganisation that holds an approval (however described), under a law\nin force in Australia relating to the supply or consumption of liquor,\nto provide a training course about the responsible service of alcohol.\ninterstate RSA certificate, for a person—\n(a) means a certificate issued by an interstate RSA training\nprovider, or under a law in force in Australia, relating to the\nsupply or consumption of liquor certifying that the person\nsatisfactorily completed, on a stated day, a course about the\nresponsible service of alcohol; and\n(b) includes a digital version of the certificate mentioned in\nparagraph (a) provided the validity and currency of the\ncertificate can be verified by the Commissioner.\n\nPart 12 Responsible service of alcohol (RSA) training courses\n","sortOrder":232},{"sectionNumber":"194","sectionType":"section","heading":"RSA training providers must give RSA certificates","content":"194 RSA training providers must give RSA certificates\n(1) If an approved RSA training provider is satisfied that a person has\nsatisfactorily completed an approved RSA training course provided\nby the provider, the provider must give the person an RSA certificate\nfor the course.\n(2) An RSA certificate expires 3 years after the day the person\nsatisfactorily completes the course.\n\nLicence and permit register Part 13\n","sortOrder":233},{"sectionNumber":"195","sectionType":"section","heading":"Licence and permit register","content":"195 Licence and permit register\n(1) The commissioner must keep a register of licences and permits (the\nlicence and permit register).\n(2) The register may include licence and permit information given to the\ncommissioner under this Act.\n(3) The register may be kept in any form, including electronically, that\nthe commissioner decides.\n(4) The register may be kept in 1 or more parts, as the commissioner\nconsiders appropriate.\n(5) The commissioner must make information in the register available for\npublic inspection.\nthe register may be available on a website\n(6) This section is subject to section 196.\n","sortOrder":234},{"sectionNumber":"196","sectionType":"section","heading":"Exception to public inspection","content":"196 Exception to public inspection\n(1) This section applies to an occupational discipline order in relation to\na licensee or permit-holder if a record of that order is made in the\nlicence and permit register.\nNote An occupational discipline order is a decision of the ACAT that may be\nappealed under the ACT Civil and Administrative Tribunal Act 2008, pt 8.\n(2) A matter included in the register in relation to the occupational\ndiscipline order may be open for public inspection under section 195\nonly if—\n(a) the time for any appeal of the decision has ended and no\napplication for appeal has been made; or\n\n(b) an application for appeal has been made, the decision has been\nconfirmed on appeal and the time for further appeal has ended.\n(3) If the decision has been reversed or set aside, a matter included in the\nregister in relation to the decision must not be open for public\ninspection.\n(4) If the decision has been changed (for example, by substitution), this\nsection applies to a matter included in the register in relation to the\ndecision as changed.\n","sortOrder":235},{"sectionNumber":"197","sectionType":"section","heading":"Correction and keeping up-to-date register","content":"197 Correction and keeping up-to-date register\n(1) The commissioner may correct a mistake, error or omission in the\nlicence and permit register.\n(2) The commissioner may change a detail included in the register to\nkeep the register up-to-date.\n\nAlcohol-free public places Division 14.1\n","sortOrder":236},{"sectionNumber":"198","sectionType":"section","heading":"Alcohol-free places","content":"198 Alcohol-free places\n(1) A regulation may prescribe a place to be a place where liquor and\nlow-alcohol liquor must not be consumed (a permanent alcohol-free\nplace).\n(2) The commissioner may declare a public place to be a place where\nliquor and low-alcohol liquor must not be consumed for a stated\nperiod not longer than 1 month (a temporary alcohol-free place).\n(3) A declaration is a notifiable instrument.\n","sortOrder":237},{"sectionNumber":"199","sectionType":"section","heading":"Offence—consume liquor at certain public places","content":"199 Offence—consume liquor at certain public places\n(a) the person consumes liquor or low-alcohol liquor; and\n(b) the liquor or low-alcohol liquor is consumed at—\n(i) a bus interchange; or\n(ii) a bus station; or\n(iii) a light rail stop; or\n(iv) a place that is within 50m from—\n(A) a bus interchange; or\n(B) a bus station; or\n(C) a light rail stop; or\n(D) a shop; or\n(E) licensed premises or permitted premises; or\n(v) a permanent alcohol-free place; or\n\n(vi) a temporary alcohol-free place.\n(3) This section does not apply to the consumption of liquor or\nlow-alcohol liquor—\n(a) at licensed premises or permitted premises; or\n(b) at premises where food is sold for consumption at the premises;\nor\n(c) at a place that is within 50m from premises mentioned in\nparagraph (a) or (b) by a person using furniture or other facilities\nprovided by the proprietor or lessee of the premises.\n(4) In a prosecution for an offence against this section, a substance is\npresumed to be liquor if—\n(a) the substance is in a container; and\n(b) a label or other mark on the container describes the contents as\nExamples—label or mark that describes container contents as liquor\n1 ‘2.6% Alc/Vol’ printed on a can\n2 ‘14% Alc/Vol’ printed on the label of a bottle\nNote A person rebutting the presumption in s (4) has an evidential\nburden in relation to the rebuttal (see Criminal Code, s 58).\nlight rail stop—see the Road Transport (Public Passenger Services)\nRegulation 2002, dictionary.\n\nAlcohol-free public places Division 14.1\n","sortOrder":238},{"sectionNumber":"200","sectionType":"section","heading":"Offence—possess open container of liquor at certain","content":"200 Offence—possess open container of liquor at certain\npublic places\n(a) the person possesses an open container of liquor or low-alcohol\n(b) the liquor or low-alcohol liquor is possessed at—\n(i) a bus interchange; or\n(ii) a bus station; or\n(iii) a light rail stop; or\n(iv) a place that is within 50m from—\n(A) a bus interchange; or\n(B) a bus station; or\n(C) a light rail stop; or\n(D) a shop; or\n(E) licensed premises or permitted premises; or\n(v) a permanent alcohol-free place; or\n(vi) a temporary alcohol-free place; and\n(c) the person intends to consume the liquor or low-alcohol liquor\nat the place.\n(2) This section does not apply to the possession of liquor or low-alcohol\n(a) at licensed premises or permitted premises; or\n(b) at premises where food is sold for consumption at the premises;\nor\n\n(c) at a place that is within 50m from premises mentioned in\nparagraph (a) or (b) by a person using furniture or other facilities\nprovided by the proprietor or lessee of the premises.\n(3) In a prosecution for an offence against this section, a substance is\npresumed to be liquor if—\n(a) the substance is in a container; and\n(b) a label or other mark on the container describes the contents as\nExamples—label or mark that describes container contents as liquor\n1 ‘2.6% Alc/Vol’ printed on a can\n2 ‘14% Alc/Vol’ printed on the label of a bottle\nNote A person rebutting the presumption in s (3) has an evidential\nburden in relation to the rebuttal (see Criminal Code, s 58).\nlight rail stop—see the Road Transport (Public Passenger Services)\nRegulation 2002, dictionary.\nopen, for a container, includes—\n(a) a container with the manufacturer's seal broken; and\n(b) a container where the contents are accessible.\n","sortOrder":239},{"sectionNumber":"201","sectionType":"section","heading":"Seizure of liquor in public places","content":"201 Seizure of liquor in public places\n(1) This section applies if an authorised person suspects on reasonable\ngrounds that—\n(a) a person (the possessor) is in possession of liquor or low-alcohol\n(b) the liquor or low-alcohol liquor is connected with the\ncommission of an offence against section 199 or section 200.\n\n(2) The authorised person may seize the liquor or low-alcohol liquor\nfrom the possessor if the authorised person has told the possessor—\n(a) that the authorised person suspects the liquor or low-alcohol\nliquor is connected with the commission of an offence against\nsection 199 or section 200; and\n(b) the grounds for the suspicion.\n(3) If an authorised person seizes liquor or low-alcohol liquor under\nsubsection (2), the authorised person may dispose of the liquor or\nlow-alcohol liquor.\n(4) However, the authorised person must not dispose of the liquor or\nlow-alcohol liquor under subsection (3) if the possessor indicates in\nany way that the possessor believes the authorised person’s grounds\nfor the suspicion are incorrect.\n(5) If an authorised person disposes of liquor or low-alcohol liquor under\nsubsection (3)—\n(a) the possessor must not be prosecuted for an offence in relation\nto the liquor or low-alcohol liquor; and\n(b) a caution must not be issued to the possessor in relation to any\nact done in relation to the liquor or low-alcohol liquor.\n","sortOrder":240},{"sectionNumber":"202","sectionType":"section","heading":"Offence—child or young person buy liquor","content":"202 Offence—child or young person buy liquor\n(b) buys liquor or low-alcohol liquor.\n\n","sortOrder":241},{"sectionNumber":"203","sectionType":"section","heading":"Offence—child or young person use false identification to","content":"203 Offence—child or young person use false identification to\nbuy liquor\n(b) uses a false identification document to buy liquor or low-alcohol\n","sortOrder":242},{"sectionNumber":"204","sectionType":"section","heading":"Offence—supply liquor to child or young person at public","content":"204 Offence—supply liquor to child or young person at public\n(c) the supply happens in a public place.\n(2) This section does not apply in relation to a young person if the young\n(b) had, before the time of the offence, shown the defendant an\nidentification document identifying the young person as an\nadult.\n\n","sortOrder":243},{"sectionNumber":"204A","sectionType":"section","heading":"Offence—supply liquor to child or young person by","content":"204A Offence—supply liquor to child or young person by\nparent etc—private place\n(c) the supply happens at a private place.\n(2) Subsection (1) does not apply if the supply is by a person who is—\n(a) a parent or guardian of the child or young person; or\n(b) authorised by a parent or guardian of the child or young person\nto supply liquor or low-alcohol liquor to the child or young\n(a) the person is—\n(i) a parent or guardian of a child or young person; or\n(ii) authorised by a parent or guardian of a child or young\nperson to supply liquor or low-alcohol liquor to the child\nor young person; and\n(b) the person supplies liquor or low-alcohol liquor to the child or\nyoung person; and\n(c) the supply happens at a private place.\n(4) Subsection (3) does not apply if the supply is consistent with\nresponsible supervision of the child or young person.\n\n(5) For subsection (4)—\n(a) the following are relevant to whether the supply of liquor to a\nchild or young person is consistent with responsible supervision\nof the child or young person:\n(i) the age of the child or young person;\n(ii) whether the child or young person is consuming food with\nthe liquor;\n(iii) the level of supervision the supplier has of the child or\nyoung person;\n(iv) the kind of liquor supplied to the child or young person;\n(v) the quantity of, and the time in which, the liquor is supplied\nto the child or young person; and\n(b) the supply of liquor to a child or young person who is intoxicated\nis not consistent with the responsible supervision of the child or\nyoung person.\nNote For offences about the supply of liquor to a child or young person at\nlicensed premises and permitted premises, see div 8.3 (Children and\nyoung people).\n(6) In this section:\nprivate place means a place that is not—\n(a) a public place; or\n(b) permitted premises.\n\n","sortOrder":244},{"sectionNumber":"205","sectionType":"section","heading":"Offence—child or young person consume liquor in public","content":"205 Offence—child or young person consume liquor in public\n(a) the person is a child or young person; and\n(b) the person consumes liquor or low-alcohol liquor in a public\nplace.\n","sortOrder":245},{"sectionNumber":"206","sectionType":"section","heading":"Offence—child or young person possess liquor in public","content":"206 Offence—child or young person possess liquor in public\n(a) the person is a child or young person; and\n(b) the person possesses liquor or low-alcohol liquor at a public\nplace.\n(2) This section does not apply to a young person if the young person\npossesses the liquor or low-alcohol liquor in the course of—\n(a) the young person’s employment at licensed premises or\n","sortOrder":246},{"sectionNumber":"207","sectionType":"section","heading":"Police officer may ask for identification document","content":"207 Police officer may ask for identification document\n(1) A police officer may ask a person to show the officer an identification\ndocument for the person if the police officer believes on reasonable\ngrounds that the person is—\n(a) committing an offence against this Act; and\n\n(b) a child or young person.\n(2) A police officer must produce evidence that the officer is a police\nofficer if asked to do so by the person.\n","sortOrder":247},{"sectionNumber":"208","sectionType":"section","heading":"Offence—fail to comply with police officer’s request for","content":"208 Offence—fail to comply with police officer’s request for\nidentification document\n(a) a police officer asks the person to show the officer an\nidentification document under section 207; and\n(b) the person—\n(i) fails to comply with the request; or\n(ii) shows the police officer a false identification document.\n(3) This section does not apply if the police officer fails to comply with\nsection 207 (2).\n","sortOrder":248},{"sectionNumber":"209","sectionType":"section","heading":"What is a proof of identity card?—div 14.2","content":"209 What is a proof of identity card?—div 14.2\nproof of identity card, for a person, means a card that includes the\nfollowing about the person:\n(a) the name of the person;\n(b) a photo of the person;\n(c) the date of birth of the person.\n","sortOrder":249},{"sectionNumber":"210","sectionType":"section","heading":"Proof of identity cards","content":"210 Proof of identity cards\n(1) A person who is an adult may apply, in writing, to the road transport\nauthority for a proof of identity card.\n\nProhibited liquor products Division 14.3\n(2) The road transport authority may issue the applicant with a proof of\nidentity card if satisfied of the applicant’s identity and that the\napplicant is an adult.\n","sortOrder":250},{"sectionNumber":"211","sectionType":"section","heading":"Offence—child or young person use false identification to","content":"211 Offence—child or young person use false identification to\nobtain proof of identity card\n(b) uses a false identification document to obtain a proof of identity\ncard under section 210.\n","sortOrder":251},{"sectionNumber":"Div 14","sectionType":"division","heading":"3 Prohibited liquor products","content":"Division 14.3 Prohibited liquor products\n","sortOrder":252},{"sectionNumber":"212","sectionType":"section","heading":"What is a prohibited liquor product?","content":"212 What is a prohibited liquor product?\nprohibited liquor product means a thing declared by the Minister to\nbe a prohibited liquor product under section 213.\n","sortOrder":253},{"sectionNumber":"213","sectionType":"section","heading":"Prohibited liquor products","content":"213 Prohibited liquor products\n(1) The Minister may declare a thing containing liquor to be a prohibited\nliquor product if satisfied that—\n(a) the thing is likely to—\n(i) have a special appeal to children or young people; or\n(ii) be confused with confectionery or a non-alcoholic drink;\nor\n\n(b) the thing’s name or packaging—\n(i) is indecent or offensive; or\n(ii) is likely to encourage irresponsible, rapid or excessive\nconsumption of the contents; or\n(c) it is otherwise in the public interest to do so.\nExamples—par (a)\n1 a thing with packaging that would appeal to children\n2 a thing with a name that could be confused with confectionery\n(2) A declaration is a disallowable instrument.\n","sortOrder":254},{"sectionNumber":"214","sectionType":"section","heading":"Offence—supply prohibited liquor product","content":"214 Offence—supply prohibited liquor product\n(a) the person supplies something to someone else; and\n(b) the thing is a prohibited liquor product.\n","sortOrder":255},{"sectionNumber":"214A","sectionType":"section","heading":"Application—div 14.4","content":"214A Application—div 14.4\nThis division applies to a licensee who holds any of the following:\n(b) an on licence;\n\n","sortOrder":256},{"sectionNumber":"214B","sectionType":"section","heading":"Definitions—div 14.4","content":"214B Definitions—div 14.4\nAccess Canberra—see the Public Sector Management Act 1994,\nsection 21 (8).\nchanged floor plan authorisation, for licensed premises, means an\nauthorisation approved by the commissioner for the floor plan of the\npremises to be changed—\n(a) from the floor plan of the premises under the licence to the floor\nplan stated in the authorisation; and\n(b) on the date and during the hours stated in the authorisation.\nextended trading authorisation, for licensed premises, means an\nauthorisation approved by the commissioner for the licensee to supply\nliquor at the premises on the date and during the extended hours stated\nin the authorisation.\nextended trading period means—\n(a) for a licensee event—the hours stated in an extended trading\nauthorisation for a licensee to supply liquor at the licensed\npremises during the event; or\n(b) for a special event—the hours stated in a special event\ndeclaration for a licensee to supply liquor at the licensed\npremises during the event.\nhead, of Access Canberra—see the Public Sector Management\nAct 1994, section 21 (8).\nspecial event declaration—see section 214D (1).\n\n","sortOrder":257},{"sectionNumber":"214C","sectionType":"section","heading":"Meaning of licensee event and special event","content":"214C Meaning of licensee event and special event\nlicensee event, for licensed premises, means an event to be celebrated\nor marked on the premises for any reason as decided by the licensee.\n1 a wedding, anniversary or birthday\n2 a celebration specific to the licensed business\nspecial event means an event declared to be a special event by the\nhead of Access Canberra under section 214D.\n","sortOrder":258},{"sectionNumber":"214D","sectionType":"section","heading":"Declaration of special event","content":"214D Declaration of special event\n(1) The head of Access Canberra may declare an event to be a special\nevent (a special event declaration).\n(2) However, the head of Access Canberra may make a special event\ndeclaration only if satisfied—\n(a) that the event is significant at an international, national, State,\nTerritory or local level; and\n(b) it is in the public interest to do so.\n(3) The head of Access Canberra must not declare a public protest or\ndemonstration to be a special event.\n(4) A special event declaration—\n(a) must—\n(i) describe the event; and\n(ii) state the proposed date and time of the event; and\n(iii) state the date and any extended hours during which a\nlicensee for licensed premises may supply liquor at the\npremises for the event; and\n\n(b) may include conditions with which a licensee for licensed\npremises must comply for the event.\n(5) A special event declaration is a notifiable instrument.\n(6) In deciding whether to make a special event declaration, the head of\nAccess Canberra must consider any matter determined by the\nMinister.\n(7) A determination under subsection (6) is a disallowable instrument.\n","sortOrder":259},{"sectionNumber":"214E","sectionType":"section","heading":"Extended trading for special event","content":"214E Extended trading for special event\nA licensee—\n(a) may supply liquor at the licensed premises during any extended\ntrading period stated in a special event declaration; and\n(b) must comply with any condition stated in the special event\ndeclaration.\n","sortOrder":260},{"sectionNumber":"214F","sectionType":"section","heading":"Extended trading for licensee event","content":"214F Extended trading for licensee event\n(1) A licensee may apply to the commissioner for an extended trading\nauthorisation in relation to a licensee event at the licensed premises.\n(b) describe the event; and\n(c) state—\n(i) the proposed date and time of the event; and\n(ii) the date and period during which the person intends to sell\nliquor under the authorisation; and\n(iii) how the licensee intends to limit the impact of the extended\ntrading on occupants of premises near the licensed\n\n(d) be given to the commissioner at least—\n(i) 5 business days before the day of the event; or\n(ii) if the licensee is also applying for a changed floor plan\nauthorisation for the event under section 214G—\n10 business days before the day of the event.\n(3) The commissioner may approve an application only if satisfied that—\n(a) the licensee is capable of managing any additional risks\ninvolved in the sale of liquor during the extended trading period;\nand\n(b) the licensee is capable of minimising the impact of the extended\ntrading on occupants of premises near the licensed premises; and\n(c) not more than 9 extended trading authorisations for the licensed\npremises have been approved by the commissioner during the\n12-month period before the application is made.\n(4) An extended trading authorisation may—\n(a) authorise a licensee to supply liquor at the licensed premises\nduring any extended trading period stated in the authorisation;\nand\n(b) state any conditions with which the licensee must comply.\n","sortOrder":261},{"sectionNumber":"214G","sectionType":"section","heading":"Change to floor plan of licensed premises","content":"214G Change to floor plan of licensed premises\n(1) A licensee may apply to the commissioner for a changed floor plan\nauthorisation for the licensed premises if the licensee intends to\nchange the floor plan of the premises for—\n(a) a licensee event; or\n(b) if a special event declaration is made at least 10 business days\nbefore the day of a special event—the special event.\n\n(b) for a licensee event—describe the event; and\n(c) include the following:\n(i) the floor plan, as intended to be changed (the changed\nfloor plan);\n(ii) the period during which the changed floor plan would be\nin effect at the premises under the authorisation;\n(iii) if the premises are leased—written agreement to the\nchanged floor plan from the registered proprietor of the\nlease for the premises;\n(iv) if the changed floor plan proposes to extend the licensed\npremises to include a place that adjoins the licensed\npremises (an adjoining place)—\n(A) if the adjoining place is on leased land—written\nagreement to the changed floor plan from the\nregistered proprietor of the lease for the land; or\n(B) if the adjoining place is on public unleased land—\nwritten approval for the licensee to use the public\nunleased land for the event;\nExample—written approval\na public unleased land permit\n(v) evidence that the licensee has appropriate insurance for the\nchanged floor plan; and\n(d) be given to the commissioner at least 10 business days before\nthe day of the event.\n\n(3) The commissioner may approve an application only if satisfied that—\n(a) the changed floor plan would not put at risk the safety, health\nand welfare of people using the licensed premises or the\ncommunity generally; and\n(b) not more than 9 changed floor plan authorisations for the\nlicensed premises have been approved by the commissioner\nduring the 12 month period before the application is made.\nadjoins—a place adjoins licensed premises if the place touches the\npremises, or is separated from the premises only by a road, reserve,\nriver, watercourse or similar division.\npublic unleased land—see the Public Unleased Land Act 2013,\nsection 8.\n\nLiquor advisory board Part 15\n","sortOrder":262},{"sectionNumber":"215","sectionType":"section","heading":"Establishment of liquor advisory board","content":"215 Establishment of liquor advisory board\nThe liquor advisory board is established.\n","sortOrder":263},{"sectionNumber":"216","sectionType":"section","heading":"Membership of liquor advisory board","content":"216 Membership of liquor advisory board\n(1) The liquor advisory board is made up of—\n(a) the commissioner; and\n(b) the director-general; and\n(c) the Victims of Crime Commissioner; and\n(d) a police officer nominated, in writing, by the chief police officer;\nand\n(e) the following members appointed by the Minister:\n(i) 1 member appointed to represent the community;\n(ii) 1 member appointed to represent Aboriginal people and\nTorres Strait Islanders;\n(iii) 1 member appointed to represent small businesses;\n(iv) 1 member appointed to represent club licensees;\n(v) 1 member appointed to represent on licensees, other than\nclub licensees;\n(vi) 1 member appointed to represent young people;\n(vii) 1 member appointed to represent off licensees;\n(viii) 1 member appointed to represent the late night economy;\n\n(ix) 1 member with knowledge or expertise in the area of health\nand the effects of alcohol.\nExample—par (e) (viii)\na nightclub licensee\nExamples—par (e) (ix)\n1 health practitioner\n2 member of an organisation that provides advocacy or information services\nabout the effects of alcohol\n3 member of a health consumer or health promotion body\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\nNote 3 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\n(2) The chair of the board is the director-general.\n","sortOrder":264},{"sectionNumber":"217","sectionType":"section","heading":"Liquor advisory board function","content":"217 Liquor advisory board function\nThe liquor advisory board has the function of advising the Minister\nabout—\n(a) matters associated with the operation and effectiveness of this\nAct; and\n(b) measures, including legislative measures, that support the harm\nminimisation and community safety principles.\nExamples—par (a)\n1 the achievement of the objects of the Act\n2 the effectiveness of the harm minimisation and community safety principles\n","sortOrder":265},{"sectionNumber":"218","sectionType":"section","heading":"Liquor advisory board procedure","content":"218 Liquor advisory board procedure\n(1) Meetings of the liquor advisory board are to be held when and where\nit decides.\n\nLiquor advisory board Part 15\n(2) However—\n(a) the liquor advisory board must meet at least twice each year; and\n(b) the director-general may, by reasonable written notice given to\nthe other liquor advisory board members, call a meeting.\n(3) The liquor advisory board may conduct its proceedings (including its\nmeetings) as it considers appropriate.\n","sortOrder":266},{"sectionNumber":"219","sectionType":"section","heading":"Reimbursement of expenses for liquor advisory board","content":"219 Reimbursement of expenses for liquor advisory board\nmembers\n(1) A member of the liquor advisory board appointed under\nsection 216 (1) (e) is not entitled to be paid for the exercise of the\nmember’s functions.\n(2) However, the member may apply to the director-general for\nreimbursement of expenses reasonably incurred by the member for\nthe purpose of attending a meeting of the liquor advisory board.\n\nPart 16 Notification and review of decisions\nPart 16 Notification and review of\ndecisions\n220 What is a reviewable decision?—pt 16\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n","sortOrder":267},{"sectionNumber":"221","sectionType":"section","heading":"Reviewable decision notices","content":"221 Reviewable decision notices\nIf the commissioner makes a reviewable decision, the commissioner\nmust give a reviewable decision notice to each person mentioned in\nschedule 1, column 4 in relation to the decision.\nNote The commissioner must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":268},{"sectionNumber":"222","sectionType":"section","heading":"Applications for review","content":"222 Applications for review\nThe following people may apply to the ACAT for a review of a\nreviewable decision:\n(a) a person mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\n","sortOrder":269},{"sectionNumber":"222A","sectionType":"section","heading":"Definitions—pt 16A","content":"222A Definitions—pt 16A\ncriminal intelligence means information relating to actual or\nsuspected criminal activity (whether in the ACT or elsewhere) the\ndisclosure of which could reasonably be expected to—\n(a) prejudice a criminal investigation; or\n(b) enable the discovery of the existence or identity of a confidential\nsource of information relevant to law enforcement; or\n(c) endanger anyone’s life or physical safety.\nmaintain—an entity maintains the confidentiality of information in\nrelation to an applicant for a licence or permit or a licensee or\npermit-holder only if—\n(a) the information is not used by the entity for a purpose other than\nexercising a function mentioned in this part; and\n(b) the information is not disclosed to the applicant, licensee or\npermit-holder, representatives of the applicant, licensee or\npermit-holder or any member of the public; and\n(c) evidence and submissions about the information are received\nand heard in private in the absence of the applicant, licensee or\npermit-holder and representatives of the applicant, licensee or\npermit-holder, and are not disclosed to any member of the\npublic; and\n(d) the information is not disclosed in any reasons for a decision.\n\n","sortOrder":270},{"sectionNumber":"222B","sectionType":"section","heading":"Disclosure of criminal intelligence—chief police officer","content":"222B Disclosure of criminal intelligence—chief police officer\n(1) Information that is classified by the chief police officer as criminal\nintelligence must not be disclosed for this Act to anyone other than\nthe commissioner, the Minister, a court, the ACAT or an entity to\nwhom the chief police officer authorises its disclosure.\n(2) The chief police officer may only disclose the information to the\ncommissioner if the chief police officer believes on reasonable\ngrounds that the information is relevant to the making of a decision\nby the commissioner about—\n(a) issuing a licence or permit to an applicant; or\n(b) whether to apply to the ACAT for an occupational discipline\norder in relation to a licensee or permit-holder.\n(3) Subsection (1) does not prevent the chief police officer from\ndisclosing the information for another lawful purpose.\n","sortOrder":271},{"sectionNumber":"222C","sectionType":"section","heading":"Disclosure of criminal intelligence—commissioner for fair","content":"222C Disclosure of criminal intelligence—commissioner for fair\ntrading and ACAT\n(1) This section applies—\n(a) if—\n(i) the commissioner refuses to issue a licence or permit to an\napplicant; or\n(ii) the commissioner applies to the ACAT for an occupational\ndiscipline order in relation to a licensee or permit-holder;\nor\n(iii) the ACAT makes an occupational discipline order in\nrelation to a licensee or permit-holder; and\n(b) if a thing mentioned in paragraph (a) is done because, or partly\nbecause, of information that is classified by the chief police\nofficer as criminal intelligence.\n\n(2) The commissioner or the ACAT must not give any reason for doing\nthe thing other than the following:\n(a) for subsection (1) (a) (i)—that issuing the licence or permit\nwould not be in the public interest;\n(b) for subsection (1) (a) (ii)—that disclosing the reason for the\napplication would not be in the public interest;\n(c) for subsection (1) (a) (iii)—that disclosing the reason for the\norder would not be in the public interest.\n","sortOrder":272},{"sectionNumber":"222D","sectionType":"section","heading":"Whether information is criminal intelligence—application","content":"222D Whether information is criminal intelligence—application\nand decision\n(1) This section applies if the commissioner—\n(a) refuses to issue a licence or permit to an applicant because, or\npartly because, of information that is classified by the chief\npolice officer as criminal intelligence, and the applicant applies\nto the ACAT for review of the decision (the proceeding); or\n(b) applies to the ACAT for an occupational discipline order in\nrelation to a licensee or permit-holder because, or partly\nbecause, of information that is classified by the chief police\nofficer as criminal intelligence (the proceeding).\n(2) This section also applies if the chief police officer applies to the\nACAT for a cancellation order under part 11B (Cancellation of\nlicence or permit for criminal activity) because, or partly because, of\ninformation that is classified by the chief police officer as criminal\nintelligence (the proceeding).\n(3) The commissioner or chief police officer must apply to the ACAT for\na decision about whether the information is criminal intelligence.\n(4) The application need not be served on anyone unless the ACAT\notherwise orders on its own initiative.\n\n(5) The ACAT may decide that the information is, or is not, criminal\nintelligence.\n(6) If the ACAT proposes to decide that the information is not criminal\nintelligence, the applicant must be told about the proposal and given\nthe opportunity to withdraw the information from the proceeding.\n","sortOrder":273},{"sectionNumber":"222E","sectionType":"section","heading":"Appeal—applicant may withdraw information","content":"222E Appeal—applicant may withdraw information\n(1) This section applies to the following proceedings:\n(a) if—\n(i) the ACAT has made a decision that information is not\ncriminal intelligence, and there is an appeal to the Supreme\nCourt from that decision; and\ncriminal intelligence;\n(b) if—\n(i) the applicant mentioned in section 222D (1) (a) appeals the\nACAT’s decision to the Supreme Court; and\ncriminal intelligence;\n(c) if—\n(i) the licensee or permit-holder mentioned in\nsection 222D (1) (b) appeals the ACAT’s decision to the\nSupreme Court; and\ncriminal intelligence.\n(2) The applicant mentioned in section 222D (3) must be told about the\ncourt’s proposal and given the opportunity to withdraw the\ninformation from the proceeding.\n\n","sortOrder":274},{"sectionNumber":"222F","sectionType":"section","heading":"Confidentiality of criminal intelligence—commissioner","content":"222F Confidentiality of criminal intelligence—commissioner\nand ACAT\n(1) The commissioner must maintain the confidentiality of information\nclassified by the chief police officer as criminal intelligence when\ndeciding whether to—\n(a) issue a licence or permit to an applicant; or\n(b) apply to the ACAT for an occupational discipline order in\nrelation to a licensee or permit-holder.\n(2) The commissioner and the ACAT must maintain the confidentiality\nof information that is the subject of an application mentioned in\nsection 222D (3)—\n(a) until the tribunal makes a decision about whether the\ninformation is criminal intelligence; or\n(b) that the tribunal decides—\n(i) is criminal intelligence; or\n(ii) is not criminal intelligence, if there is an appeal from that\ndecision and the appeal is upheld.\n(3) However, in a proceeding on an application mentioned in\nsection 222D (2), the ACAT may allow a party or a representative of\na party to have access to or inspect information that is criminal\nintelligence (on conditions the ACAT thinks appropriate) if the\nACAT thinks it would not be contrary to the public interest to do so.\n(4) If the ACAT proposes to allow a party or a representative of a party\nto have access to or inspect information that is criminal intelligence,\nthe chief police officer must be told about the proposal and given the\nopportunity to withdraw the information from the proceeding.\n(5) The commissioner and the ACAT must maintain the confidentiality\nof information that is the subject of an application mentioned in\nsection 222D (3) if the information is withdrawn.\n\n(6) The commissioner or the ACAT may take any steps the commissioner\nor tribunal considers appropriate to maintain the confidentiality of the\ninformation.\n(7) However, if the Supreme Court finds that the information is not\ncriminal intelligence, and the information is not withdrawn, the\ncommissioner or the ACAT need not maintain the confidentiality of\nthe information.\n","sortOrder":275},{"sectionNumber":"222G","sectionType":"section","heading":"Confidentiality of criminal intelligence—courts","content":"222G Confidentiality of criminal intelligence—courts\n(1) This section applies if a court deals (on appeal or otherwise) with—\n(a) a decision by the ACAT about whether information is criminal\nintelligence; or\n(b) the question of whether information classified by the chief\npolice officer as criminal intelligence is criminal intelligence.\n(2) The court must maintain the confidentiality of the information.\n(3) The court may take any steps it considers appropriate to maintain the\nconfidentiality of the information.\n(4) The court must not give any reason for making a finding in relation\nto the information, other than the public interest.\n(5) However, if the Supreme Court finds that information is not criminal\nintelligence, and the information is not withdrawn—\n(a) the court need not maintain the confidentiality of the\ninformation and may give reasons for the finding; and\n(b) any other court need not maintain the confidentiality of the\ninformation and may give reasons for making a finding in\nrelation to the information.\n\n","sortOrder":276},{"sectionNumber":"222H","sectionType":"section","heading":"Delegation by chief police officer","content":"222H Delegation by chief police officer\n(1) The chief police officer may delegate a function under this part to a\nsenior police officer.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\nsenior police officer means a police officer of or above the rank of\nsuperintendent.\n\n","sortOrder":277},{"sectionNumber":"223","sectionType":"section","heading":"Liquor guidelines","content":"223 Liquor guidelines\n(1) The commissioner may make guidelines (the liquor guidelines) for\nthis Act consistent with the objects of this Act and the harm\nminimisation and community safety principles.\n(2) Without limiting subsection (1), a liquor guideline may make\nprovision in relation to the following:\n(a) advertising liquor;\n(b) intoxication;\n(c) crowd management at and near licensed premises;\n(d) RSA training;\n(e) licensee events and special events.\n(3) A liquor guideline is a notifiable instrument.\nNote It is a condition of a licence or permit that the licensee or permit-holder\nmust comply with the guidelines—see s 31 (1) (a) and s 55 (1) (a).\n","sortOrder":278},{"sectionNumber":"224","sectionType":"section","heading":"Declared training providers","content":"224 Declared training providers\n(1) The Minister may declare a person to be a training provider for this\nAct (a declared training provider).\n(2) A declaration is a notifiable instrument.\n","sortOrder":279},{"sectionNumber":"224A","sectionType":"section","heading":"Licences and permits not personal property—PPS Act","content":"224A Licences and permits not personal property—PPS Act\nFor the Personal Property Securities Act 2009 (Cwlth), section 10,\ndefinition of personal property, a licence or permit is not personal\nproperty.\n\nMiscellaneous Part 17\n","sortOrder":280},{"sectionNumber":"224B","sectionType":"section","heading":"Evidentiary certificates—licensees and permit holders","content":"224B Evidentiary certificates—licensees and permit holders\nIn a court proceeding, a certificate signed by the commissioner stating\neither of the following matters is evidence of the matters:\n(a) that, on each stated day, a stated person was or was not the\nholder of a licence of the stated kind in relation to the stated\n(b) that, on each stated day, a stated person was or was not the\nholder of a permit in relation to the stated premises.\n","sortOrder":281},{"sectionNumber":"225","sectionType":"section","heading":"Acts and omissions of representatives","content":"225 Acts and omissions of representatives\n(1) In this section:\nperson means an individual.\nNote See the Criminal Code, pt 2.5 for provisions about corporate criminal\nresponsibility.\nrepresentative, of a person, means an employee or agent of the\nstate of mind, of a person, includes—\n(a) the person’s knowledge, intention, opinion, belief or purpose;\nand\n(b) the person’s reasons for the intention, opinion, belief or purpose.\n(2) This section applies to a prosecution for an offence against this Act.\n(3) If it is relevant to prove a person’s state of mind about an act or\nomission, it is enough to show—\n(a) the act was done or omission made by a representative of the\nperson within the scope of the representative’s actual or\napparent authority; and\n(b) the representative had the state of mind.\n\n(4) An act done or omitted to be done on behalf of a person by a\nrepresentative of the person within the scope of the representative’s\nactual or apparent authority is taken to have been done or omitted to\nbe done by the person.\n(5) However, subsection (4) does not apply if the person establishes that\nreasonable precautions were taken and appropriate diligence was\nexercised to avoid the act or omission.\n(6) A person who is convicted of an offence cannot be punished by\nimprisonment for the person if the person would not have been\nconvicted of the offence without subsection (3) or (4).\n","sortOrder":282},{"sectionNumber":"226","sectionType":"section","heading":"Proceedings for offences","content":"226 Proceedings for offences\nA proceeding in relation to an offence against this Act must not be\nbegun except by the commissioner or a police officer.\n","sortOrder":283},{"sectionNumber":"227","sectionType":"section","heading":"Determination of fees","content":"227 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":284},{"sectionNumber":"228","sectionType":"section","heading":"Approved forms","content":"228 Approved forms\n(1) The commissioner may approve forms for this Act.\n(2) If the commissioner approves a form for a particular purpose, the\napproved form must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":285},{"sectionNumber":"229","sectionType":"section","heading":"Regulation-making power","content":"229 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision in relation to the following:\n(a) licensed times and permitted times;\n\nMiscellaneous Part 17\n(b) the calculation of fees based on 1 or more of the following:\n(i) the class or subclass of a licence or permit;\n(ii) licensed times and permitted times;\n(iii) the term of a permit;\n(iv) the nature and scale of the activities being carried out at the\nlicensed premises or permitted premises;\n(v) the occupancy loading for the licensed premises or\npermitted premises;\n(vi) the history of compliance of licensees and permitted\npremises with this Act;\n(vii) anything else consistent with the objects of this Act and the\nharm minimisation and community safety principles;\n(c) how fees may be paid;\n(d) the circumstances in which the commissioner may waive or\nreduce fees.\n(3) A fee mentioned in subsection (2) may be an amount that is not a fee\nfor a service.\n(4) A regulation may create offences and fix maximum penalties of not\nmore than 20 penalty units for the offences.\n\n","sortOrder":286},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\nSchedule 1 Reviewable decisions\n(see s 220)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\n1 27 (2) refuse to issue\napplicant for licence\n2 38 (4) refuse to amend\n3 39 (4) refuse to amend\nlicence (change to\nfloor plan)\n4 41 (2) refuse to transfer\n5 51 (2) refuse to issue\napplicant for permit\n6 58 (3) refuse to amend\n7 62 (2) refuse to renew\n8 65 (1) cancel\nnon-commercial\n9 90 (1) refuse to approve\nrisk-assessment\n10 92 (2) refuse to amend\napproved\nrisk-assessment\n\nReviewable decisions Schedule 1\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\n11 96 (2) refuse to approve\nyoung people’s\nevent\napplicant\n12 190 (2) refuse to approve\nRSA training\ncourse\napplicant\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• Act\n• adult\n• Australian Consumer Law (ACT)\n• Australian Criminal Intelligence Commission\n• Australian driver licence\n• bankrupt or personally insolvent\n• building code\n• chief officer (fire and rescue service)\n• chief police officer\n• commissioner for fair trading\n• Commonwealth Criminal Code\n• corporation\n• Corporations Act\n• Criminal Code\n• director-general (see s 163)\n• document\n• police officer\n• territory plan\n• territory planning authority.\nACAT Act means the ACT Civil and Administrative Tribunal\nAct 2008.\nAccess Canberra, for division 14.4 (Licensee events and special\nevents)—see the Public Sector Management Act 1994, section 21 (8).\nadults-only area, for licensed premises or permitted premises—see\nsection 93.\n\namend, a licence or permit, includes the following:\n(a) amend an existing licence condition;\n(b) impose a new licence condition;\n(c) remove an existing licence condition.\napproved procedures, for part 11A (Compliance testing)—see\nsection 187A.\napproved program, for part 11A (Compliance testing)—see\nsection 187A.\napproved risk-assessment management plan, for licensed premises\nor permitted premises—see section 89.\napproved RSA training course, for an approved RSA training\nprovider, for division 12.1 (Approval to provide RSA training\ncourses)—see section 188.\napproved RSA training provider, for division 12.1 (Approval to\nprovide RSA training courses)—see section 188.\nat premises includes in or on the premises.\nauthorised person—\n(a) for this Act generally, means—\n(i) an investigator; or\n(ii) a police officer; and\n(b) for part 11A (Compliance testing)—see section 187A.\nbar licence—see section 22.\nbreath testing machine, for division 8.7 (Breath testing machines)—\nsee section 133.\ncancellation order, for part 11B (Cancellation of licence or permit\nfor criminal activity)—see section 187H.\n\ncatered premises means premises where liquor is authorised to be\nsold under a catering licence.\ncatering licence—see section 20A.\ncaution offence, for division 9.3 (Police cautions for children and\nyoung people)—see section 149.\ncertificate of occupancy, for premises—see the Building Act 2004,\nchanged floor plan authorisation, for licensed premises, for\ndivision 14.4 (Licensee events and special events)—see section\n214B.\nchild—see the Children and Young People Act 2008, section 11.\nclass—each of the following is a class of licence:\n(a) general licence;\n(b) on licence;\n(c) off licence;\n(d) club licence;\n(e) catering licence;\n(f) special licence.\nclose associate—see section 14.\nclub licence—see section 20.\ncommercial permit—see section 48.\ncommercial permit holder means—\n(a) a person who holds a commercial permit; or\n(b) for part 11 (Complaints and occupational discipline)—see\nsection 175.\ncommissioner means the commissioner for fair trading.\n\ncommissioner’s direction—see section 144 (2).\ncomplainant, for division 11.2 (Complaints)—see section 177.\ncompliance test, for part 11A (Compliance testing)—see\nsection 187B.\nconnected, for part 10 (Enforcement)—see section 153.\ncriminal intelligence, for part 16A (Criminal intelligence)—see\nsection 222A.\ncrowd controller means a person who is a crowd controller for the\npurposes of the Security Industry Act 2003, section 7.\nCYP director-general, for division 9.3 (Police cautions for children\nand young people)—see section 149.\ndeclared training provider—see section 224.\ndesignated outdoor smoking area—see the Smoke-Free Public\nPlaces Act 2003, section 9F (2).\neligible club—see section 70.\nemergency closure notice—see section 147.\nemergency closure order—see section 146.\nenclosed, for premises, means enclosed as prescribed by regulation.\nenclosed public place—see the Smoke-Free Public Places Act 2003,\nexcluded person, for division 8.10 (Exclusion orders)—see\nexclusion order, for division 8.10 (Exclusion orders)—see\nexclusion period, for division 8.10 (Exclusion orders)—see\n\nextended trading authorisation, for licensed premises, for\ndivision 14.4 (Licensee events and special events)—see\nsection 214B.\nextended trading period, for division 14.4 (Licensee events and\nspecial events)—see section 214B.\nfalse identification document, for a person, means an identification\ndocument that—\n(a) was fraudulently obtained; or\n(b) was issued to someone else; or\n(c) is forged; or\n(d) is fraudulently altered; or\n(e) has expired.\nforeign driver licence means a licence to drive a motor vehicle\n(however described) issued under the law of an external Territory or\na foreign country.\ngeneral licence—see section 17.\nground for occupational discipline, for division 11.3 (Occupational\ndiscipline)—\n(a) in relation to a licensee—see section 183; or\n(b) in relation to a commercial permit-holder—see section 184.\nharm minimisation and community safety principles—see\nsection 10.\nhead, of Access Canberra, for division 14.4 (Licensee events and\nspecial events)—see the Public Sector Management Act 1994,\nsection 21 (8).\n\nidentification document, for a person, means—\n(a) a document that—\n(i) is—\n(A) an Australian driver licence or foreign driver licence;\nor\n(B) a proof of identity card or interstate proof of identity\ncard; or\n(C) a passport; and\n(ii) contains a photograph that could reasonably be taken to be\n(iii) states the person’s date of birth; or\n(b) any other document prescribed by regulation.\nNote A document may be in electronic form (see Legislation Act, dict, pt 1,\ndef document).\nidentity card—see the Fair Trading (Australian Consumer Law)\nAct 1992, dictionary.\nincident, for division 8.6 (Incidents)—see section 130.\ninfluential person, for a corporation—see section 15.\ninterim licence—see section 27A (2).\ninterstate proof of identity card means a document corresponding to\na proof of identity card that has been issued under the law of a State.\nintoxicated—see section 104.\ninvestigator—see the Fair Trading (Australian Consumer Law)\nAct 1992, dictionary.\ninvolved, with a licence, for part 11B (Cancellation of licence or\npermit for criminal activity)—see section 187H.\n\ninvolved, with a permit, for part 11B (Cancellation of licence or\npermit for criminal activity)—see section 187H.\nlease—see the Planning Act 2023, section 257.\nlicence—see section 16.\nlicence and permit register—see section 195.\nlicensed premises means premises that are the subject of a licence\n(other than a catering licence).\nlicensed times, for the sale of liquor at licensed premises or catered\npremises, means the times stated in the licence for the sale of liquor\nat the premises.\nlicensee—\n(a) means a person who holds a licence; or\n(b) for part 11 (Complaints and occupational discipline)—see\nsection 174.\nlicensee event, for licensed premises—see section 214C.\nliquor—see section 11.\nliquor advisory board means the liquor advisory board established\nunder section 215.\nliquor guidelines—see section 223 (1).\nlow-alcohol liquor means a drink that is not liquor but contains more\nthan 0.5% by volume of ethanol.\nmaintain, for part 16A (Criminal intelligence)—see section 222A.\nnightclub licence—see section 23.\nnon-commercial permit—see section 49.\n\nnon-profit organisation means an organisation that—\n(a) is not carried on for profit or gain to its individual members; and\n(b) does not make any distribution, whether in money, property or\notherwise, to its members.\noccupancy loading, for a public area at licensed premises or\npermitted premises—see section 83.\noccupancy loading notice, for part 5 (Occupancy loading for licensed\npremises and permitted premises)—see section 86 (3).\noccupier, of premises, for part 10 (Enforcement)—see section 153.\noffence, for part 10 (Enforcement)—see section 153.\noff licence—see section 19.\non licence—see section 18.\noutdoor eating or drinking place—see the Smoke-Free Public Places\nAct 2003, section 9A.\npermanent alcohol-free place—see section 198 (1).\npermit—see section 47.\npermit-holder means a person who holds a permit mentioned in part 3\n(Liquor permits).\npermitted premises means premises that are the subject of a permit.\npermitted times, for the sale of liquor at permitted premises, means\nthe times stated in the permit for the sale of liquor at the premises.\nperson—a reference to a person in relation to a non-commercial\npermit includes a reference to a non-profit organisation.\npersonal information notice—see section 71.\n\npolice certificate, for a person, means a written statement by the\nAustralian Federal Police or the Australian Criminal Intelligence\nCommission indicating—\n(a) whether, according to the records held by the Australian Federal\nPolice or the Australian Criminal Intelligence Commission, the\nperson has been charged with, or convicted of, an offence\nagainst a law of—\n(i) the Territory; or\n(ii) the Commonwealth; or\n(iii) a State; or\n(iv) another country; and\n(b) if so—particulars of each offence.\nNote A conviction does not include a spent conviction or an\nextinguished conviction (see Spent Convictions Act 2000, s 16 (c) (i) and\ns 19H (1) (c) (i)).\npremises includes land, structure, vehicle or boat.\npremises information notice—see section 79.\nprohibited liquor product—see section 212.\nproof of identity card, for division 14.2 (Children and young\npeople)—see section 209.\nproposed licensee—see section 25.\nproposed new licensee—see section 40.\nproposed permit-holder—see section 50.\npublic area, at licensed premises or permitted premises—see\nsection 84.\npublic consultation period, for an application for division 2.4\n(Licences—public consultation)—see section 36.\n\npublic place means any street, road, public park, reserve or other\nplace that the public is entitled to use or that is open to, or used by,\nthe public (whether or not for payment), including—\n(a) a shop, and any place occupied in relation to a shop; and\n(b) a factory, and any place occupied in relation to, a factory; and\n(c) a building or part of a building occupied by a club, and any place\noccupied in relation to a club; and\n(d) any private property that is commonly used by the public,\nwhether as trespassers or otherwise.\npurchase assistant, for part 11A (Compliance testing)—see\nsection 187B (a).\nregistered proprietor, in relation to a lease, means the person who is\nregistered under the Land Titles Act 1925 as proprietor of the lease.\nregistered training organisation, for division 12.1 (Approval to\nprovide RSA training courses)—see section 188.\nrelevant premises, for division 2.4 (Licences—public\nconsultation)—see section 33.\nresponsible person, for premises, for part 4 (Suitability of people and\npremises for licences and permits)—see section 74.\nrestaurant and cafe licence—see section 24.\nreviewable decision, for part 16 (Notification and review of\ndecisions)—see section 220.\nrisk-assessment management plan, for licensed premises or\npermitted premises—see section 88.\nRSA certificate, for a person—see section 193.\nRSA training course approval, for division 12.1 (Approval to\nprovide RSA training courses)—see section 189.\n\nsell includes—\n(a) sell by wholesale, retail, auction or tender; and\n(b) barter or exchange; and\n(c) supply for profit; and\n(d) offer for sale, receive for sale or expose for sale; and\n(e) consign or deliver for sale; and\n(f) have in possession for sale.\nsenior police officer means the chief police officer or another police\nofficer of or above the rank of superintendent.\nsmoke—see the Smoke-Free Public Places Act 2003, section 5B.\nspecial event—see section 214C.\nspecial event declaration, for division 14.4 (Licensee events and\nspecial events)—see section 214D (1).\nspecial licence—see section 21.\nstaff member, for part 8 (Conduct at licensed premises and permitted\npremises), means—\n(a) for licensed premises—\n(b) for permitted premises—\n(ii) an employee of the permit-holder.\nsubclass—each of the following is a subclass of on licence:\n(a) bar licence;\n(b) nightclub licence;\n\n(c) restaurant and cafe licence.\nsuitability information—\n(a) about a person—see section 69; and\n(b) about premises—see section 78.\nsuitable person, to hold a licence or permit—see section 67.\nsuitable premises, for a licence or permit—see section 75.\nsupply includes sell.\ntemporary alcohol-free place—see section 198 (2).\nwarrant, for part 10 (Enforcement)—see section 153.\nyoung person—see the Children and Young People Act 2008,\nsection 12.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nLiquor Act 2010 A2010-35\nnotified LR 6 September 2010\ns 1, s 2 commenced 6 September 2010 (LA s 75 (1))\ndiv 8.1 commenced 1 June 2012 (s 2 (1) (as am by A2010-43\namdt 1.19), as mod by SL2010-40 mod 4.1 (as am by SL2010-48;\nSL2011-23))\ns 118 commenced 1 June 2011 (s 2 (1A) (ins as mod by SL2010-40\nmod 4.1 (as am by SL2010-48))\npt 12 commenced 1 June 2011 (s 2 (2) (as am by A2010-43\namdt 1.19), as mod by SL2010-40 mod 4.1 (as am by SL2010-48))\nremainder commenced 1 December 2010 (s 2 (3) (as am by A2010-43\namdt 1.19) and CN2010-14)\nLiquor (Consequential Amendments) Act 2010 A2010-43 sch 1\npt 1.13, sch 2 pt 2.1\nnotified LR 8 November 2010\ns 1, s 2 commenced 8 November 2010 (LA s 75 (1))\namdt 1.19 commenced 9 November 2010 (s 2 (1))\namdt 1.49 commenced 30 January 2012 (s 2 (2) and see Personal\nProperty Securities Act 2010 A2010-15 s 2 (2) (b))\nsch 1 pt 1.13 remainder commenced 1 December 2010 (s 2 (4) and\nsee A2010-35, s 2 (3) (as am by A2010-43 amdt 1.19) and\nCN2010-14)\nsch 2 pt 2.1 commenced 9 December 2010 (s 2 (3) and see Smoking\n(Prohibition in Enclosed Public Places) Amendment Act 2009\nA2009-51, s 2 (1) (b) and CN2010-4)\nas modified by\nLiquor Regulation 2010 SL2010-40 sch 4 (as am by SL2010-48;\nSL2011-23)\nnotified LR 20 October 2010\ns 1, s 2 commenced 20 October 2010 (LA s 75 (1))\nsch 4 commenced 1 December 2010 (s 2 (1) and see A2010-35,\ns 2 (3))\n\nLiquor Amendment Regulation 2010 (No 1) SL2010-48\nnotified LR 30 November 2010\ns 1, s 2 commenced 30 November 2010 (LA s 75 (1))\nremainder commenced 1 December 2010 (s 2 and see A2010-35,\ns 2 (3))\nNote This regulation only amends the Liquor Regulation 2010\nSL2010-40.\nFair Trading (Australian Consumer Law) Amendment Act 2010\nA2010-54 sch 3 pt 3.16\nnotified LR 16 December 2010\ns 1, s 2 commenced 16 December 2010 (LA s 75 (1))\nsch 3 pt 3.16 commenced 1 January 2011 (s 2 (1))\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.94\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.94 commenced 1 July 2011 (s 2 (1))\nas modified by\nLiquor Amendment Regulation 2011 (No 1) SL2011-23\nnotified LR 4 August 2011\ns 1, s 2 commenced 4 August 2011 (LA s 75 (1))\nremainder commenced 5 August 2011 (s 2)\nNote This regulation only amends the Liquor Regulation 2010\nSL2010-40.\nJustice and Community Safety Legislation Amendment Act 2011\n(No 3) A2011-49 sch 1 pt 1.6\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.6 commenced 12 December 2011 (s 2 (2) (a) and see\nStatute Law Amendment Act 2011 (No 3) A2011-52 s 2)\n\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.35\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.35 commenced 12 December 2011 (s 2)\nLiquor Amendment Act 2012 A2012-10\nnotified LR 3 April 2012\ns 1, s 2 commenced 3 April 2012 (LA s 75 (1))\nremainder commenced 4 April 2012 (s 2)\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.27\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.27 commenced 5 June 2012 (s 2 (2))\nTraining and Tertiary Education Amendment Act 2014 A2014-48 sch 1\npt 1.11\nnotified LR 6 November 2014\ns 1, s 2 commenced 6 November 2014 (LA s 75 (1))\nsch 1 pt 1.11 commenced 20 November 2014 (s 2)\nLiquor Amendment Act 2015 A2015-23\nnotified LR 18 August 2015\ns 1, s 2 commenced 18 August 2015 (LA s 75 (1))\ns 15 commenced 18 August 2016 (s 2 (3))\nremainder commenced 19 August 2015 (s 2 (1))\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.43\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.43 commenced 14 October 2015 (s 2)\nSpent Convictions (Historical Homosexual Convictions\nExtinguishment) Amendment Act 2015 A2015-45 sch 1 pt 1.7\nnotified LR 6 November 2015\ns 1, s 2 commenced 6 November 2015 (LA s 75 (1))\nsch 1 pt 1.7 commenced 7 November 2015 (s 2)\n\nStatute Law Amendment Act 2015 (No 2) A2015-50 sch 3 pt 3.22\nnotified LR 25 November 2015\ns 1, s 2 commenced 25 November 2015 (LA s 75 (1))\nsch 3 pt 3.22 commenced 9 December 2015 (s 2)\nJustice Legislation Amendment Act 2016 A2016-7 pt 4\nnotified LR 29 February 2016\ns 1, s 2 commenced 29 February 2016 (LA s 75 (1))\npt 4 commenced 29 August 2016 (s 2 and LA s 79)\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 2 pt 2.5, sch 3 pt 3.28, sch 4 pt 4.6\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 2 pt 2.5, sch 3 pt 3.28, sch 4 pt 4.6 commenced 27 April 2016 (s 2)\nEmergencies Amendment Act 2016 A2016-33 sch 1 pt 1.13\nnotified LR 20 June 2016\ns 1, s 2 commenced 20 June 2016 (LA s 75 (1))\nsch 1 pt 1.13 commenced 21 June 2016 (s 2)\nStatute Law Amendment Act 2017 A2017-4 sch 3 pt 3.18\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 3 pt 3.18 commenced 9 March 2017 (s 2)\nLiquor Amendment Act 2017 A2017-13 pt 2\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\ns 6, s 8, s 9, s 11, ss 14-16, s 19, ss 22-27, s 31, s 32, s 46, s 48, s 50,\nss 52-54, ss 56-71, s 76, s 77, s 85, s 90, ss 92-94 commenced\n1 July 2017 (s 2 (1))\npt 2 remainder commenced 18 May 2017 (s 2 (2))\nJustice and Community Safety Legislation Amendment Act 2017\n(No 3) A2017-38 pt 14\nnotified LR 9 November 2017\ns 1, s 2 commenced 9 November 2017 (LA s 75 (1))\npt 14 commenced 16 November 2017 (s 2 (1))\n\nRoad Transport Reform (Light Rail) Legislation Amendment Act 2018\nA2018-19 sch 1 pt 1.2\nnotified LR 17 May 2018\ns 1, s 2 commenced 17 May 2018 (LA s 75 (1))\nsch 1 pt 1.2 commenced 24 May 2018 (s 2)\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33 pt 7,\nsch 1 pt 1.24\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\npt 7 commenced 2 October 2018 (s 2 (1))\nsch 1 pt 1.24 commenced 23 October 2018 (s 2 (4))\nCrimes (Disrupting Criminal Gangs) Legislation Amendment Act 2019\nA2019-43 pt 6\nnotified LR 6 December 2019\ns 1, s 2 commenced 6 December 2019 (LA s 75 (1))\npt 6 commenced 6 June 2020 (s 2 (2) and LA s 79)\nJustice Legislation Amendment Act 2020 A2020-42 pt 20\nnotified LR 27 August 2020\ns 1, s 2 commenced 27 August 2020 (LA s 75 (1))\npt 20 commenced 3 September 2020 (s 2 (2))\nJustice and Community Safety Legislation Amendment Act 2021\n(No 2) A2021-33 pt 14\nnotified LR 10 December 2021\ns 1, s 2 commenced 10 December 2021 (LA s 75 (1))\npt 14 commenced 17 December 2021 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2023\nA2021-33 pt 8\nnotified LR 11 April 2023\ns 1, s 2 commenced 11 April 2023 (LA s 75 (1))\npt 8 commenced 12 April 2023 (s 2)\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.45\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.45 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\n\nBuilding and Construction Legislation Amendment Act 2023\nA2023-55 pt 12\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\npt 12 commenced 12 December 2023 (s 2 (4))\nLiquor Amendment Act 2024 A2024-4 pt 1\nnotified LR 28 March 2024\ns 1, s 2 commenced 28 March 2024 (LA s 75 (1))\npt 1 commenced 28 June 2024 (s 2)\nLiquor (Night-Time Economy) Amendment Act 2024 A2024-13\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\nss 4-8, s 18, s 23 commenced 20 April 2024 (s 2 (1))\nremainder commenced 2 July 2024 (s 2 (2), CN2024-4 and LA\ns 77 (3))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.56, sch 4\npt 4.116\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.56, sch 4 pt 4.116 commenced 26 November 2025 (s 2 (3),\n(9))\n\nCommencement\ns 2 sub A2010-43 amdt 1.19\nmod SL2010-40 mod 4.1 (as am by SL2010-48 s 5;\nSL2011-23 s 4)\nom LA s 89 (4)\ns 3 am A2010-54 amdt 3.41\nApplication of Act—generally\ns 6 am A2017-13 s 4\nApplication of Act—sale of liquor\ns 7 am A2024-13 s 4\nApplication of Act—supply of liquor by exempt business\ns 8A ins A2017-13 s 5\nam A2024-13 s 5, s 6; ss renum R41 LA\nObject of Act\ns 9 am A2024-13 s 7\nHarm minimisation and community safety principles\ns 10 am A2024-13 s 8\nWhat is a licence?\ns 16 am A2017-13 s 6; pars renum R26 LA; A2024-13 s 9\nWhat is a club licence?\ns 20 am A2017-13 s 7; pars renum R25 LA\nWhat is a catering licence?\ns 20A ins A2017-13 s 8\nLicence—application\ns 25 am A2010-43 amdt 1.20; A2017-13 s 10, s 12, s 13; pars\nrenum R25 LA; A2017-13 s 9, s 11; pars renum R26 LA;\nA2023-36 amdt 1.246; A2025-29 amdt 4.117\nLicence—decision on application\ns 27 am A2015-23 s 4,s 26; pars renum R15 LA; A2017-13 s 14,\ns 97; A2024-13 s 10\nLicence—interim licence\ns 27A ins A2024-13 s 11\nLicence—form\ns 30 am A2017-13 s 15, s 16\n\nLicence—conditions\ns 31 am A2017-13 s 17, s 18, s 20, s 21; A2017-13 s 19; A2020-42\ns 111\nLicence—period in force\ns 32 am A2017-13 s 22, s 23; ss renum R26 LA\nsub A2020-42 s 112\nam A2024-13 s 12, s 13\nInterim licence—period in force\ns 32AA ins A2024-13 s 14\nLicence—annual fee\ns 32A ins A2020-42 s 112\nLicence—reduction in annual fee\ns 32B ins A2024-13 s 15\nLicences—notification and public consultation\ndiv 2.4 hdg sub A2017-13 s 24\nApplication and definition—div 2.4\ns 33 sub A2017-13 s 25\nLicence—notice of application to certain entities\ns 33A ins A2017-13 s 26\nam A2024-13 s 16\nCommissioner may ask for information from commissioner for revenue\ns 33B ins A2017-13 s 26\nLicence—public notification of application\ns 34 am A2015-33 amdt 1.141\nWhat is the public consultation period?—div 2.4\ns 36 am A2015-33 amdt 1.142\nLicences—amendment, transfer, etc\ndiv 2.5 hdg sub A2020-42 s 113\nLicence—amendment initiated by commissioner\ns 37 am A2015-23 s 5; pars renum R15 LA; A2017-13 s 27\nLicence—amendment on application by licensee\ns 38 am A2015-23 s 6, s 26; pars renum R15 LA; A2017-13 s 97;\nA2017-13 s 27; A2025-29 amdt 4.117\nLicence—amendment for change to floor plan of licensed premises\ns 39 am A2010-43 amdt 1.21; A2017-13 ss 28-30, s 97; pars renum\nR34 LA; A2023-36 amdt 1.246; A2024-13 s 17, s 18;\nss renum R43 LA; A2025-29 amdt 4.117\n\nLicence—application to transfer licence\ns 40 am A2025-29 amdt 4.117\nLicence—decision on application to transfer licence\ns 41 am A2015-23 s 7, s 26; pars renum R15 LA\nLicence—application for renewal\ns 42 am A2016-18 amdt 4.8; A2017-13 s 31, s 32\nom A2020-42 s 114\nLicence—decision on application for renewal\ns 43 am A2015-23 s 8, s 26; pars renum R15 LA; A2017-13 s 97\nom A2020-42 s 114\nLicence—replacing when lost, stolen or destroyed\ns 44 am A2015-50 amdt 3.115; A2016-18 amdt 3.130, amdt 3.131;\nLicence—surrender\ns 45 am A2015-50 amdt 3.115; A2016-18 amdt 3.132, amdt 3.133;\nOffence—fail to return licence\ns 46 am A2020-42 s 115\nLicence—immediate suspension for failure to pay fee\ns 46A ins A2017-13 s 33\nPermit—application\ns 50 am A2010-43 amdt 1.22; A2017-13 s 34, s 35; pars renum\nR25 LA; A2023-36 amdt 1.246; A2025-29 amdt 4.117\nPermit—decision on application\ns 51 am A2015-23 s 9,s 26; pars renum R15 LA; A2017-13 s 97\nPermit—form\ns 54 am A2015-50 amdt 3.116\nPermit—conditions\ns 55 am A2010-43 amdt 1.23; A2017-13 ss 36-38\nPermit—term\ns 56 am A2025-29 amdt 4.117\nPermit—amendment initiated by commissioner\ns 57 am A2015-23 s 10; pars renum R15 LA\nPermit—amendment on application by permit-holder\ns 58 am A2015-23 s 11, s 26; pars renum R15 LA; A2017-13 s 97;\nPermit—application for renewal of non-commercial permit\ns 61 am A2025-29 amdt 4.117\n\nPermit—amendment on application by permit-holder\ns 62 am A2015-23 s 12, s 26; pars renum R15 LA; A2017-13 s 97\nPermit—replacing when lost, stolen or destroyed\ns 63 am A2015-50 amdt 3.117; A2016-18 amdt 3.134, amdt 3.135;\nPermit—surrender\ns 64 am A2015-50 amdt 3.118; A2016-18 amdt 3.136, amdt 3.137;\nCommissioner must consider suitability information, etc\ns 68 am A2015-23 s 26\nWhat is suitability information about a person?\ns 69 am A2010-54 amdt 3.42; A2025-29 amdt 3.189\nNon-suitability—criminal activity\ns 69A ins A2019-43 s 16\nWhat is an eligible club?\ns 70 am A2017-13 s 39, s 40; pars renum R25 LA\nCommissioner may require police certificate or information for person etc\ns 71 hdg sub A2015-23 s 13\ns 71 am A2015-23 s 14\nCommissioner must consider suitability information, etc\ns 76 am A2017-13 s 97\nCommissioner must decide premises not suitable in some circumstances\ns 77 am A2017-13 s 97; A2023-36 amdt 1.242\nWhat is suitability information about premises?\ns 78 am A2010-43 amdts 1.24-1.26; A2020-42 s 116; A2023-36\namdt 1.242\nCommissioner may require plan etc for premises\ns 79 hdg sub A2017-13 s 41\ns 79 am A2017-13 s 42; A2023-36 amdt 1.246\nWhat is a public area?\ns 84 am A2010-43 amdt 1.27\nOccupancy loading decision\ns 85 am A2012-21 amdt 3.112; A2016-33 amdt 1.34\nFire engineering study and inspection\ns 86 am A2012-21 amdt 3.113; A2016-33 amdt 1.34; A2023-55\ns 60; A2024-13 s 19; A2025-29 amdt 4.117\nCommissioner not to issue licence or permit if requirement not complied\nwith\ns 87 am A2012-21 amdt 3.114; A2016-33 amdt 1.34\n\nWhat is a risk-assessment management plan?\ns 88 am A2025-29 amdt 4.117\nRisk-assessment management plan—approval\ns 90 am A2010-43 amdt 1.28\nRisk-assessment management plan—availability\ns 90A ins A2010-43 amdt 1.29\nam A2017-13 s 43\nRisk-assessment management plan—direction to prepare plan\ns 90B ins A2017-13 s 44\nam A2025-29 amdt 3.190\nApproved risk-assessment management plan—amendment on direction from\ncommissioner\ns 90C ins A2017-13 s 44\nApproved risk-assessment management plan—amendment on application\ns 91 hdg sub A2010-43 amdt 1.30\ns 91 am A2025-29 amdt 4.117\nApproved risk-assessment management plan—decision on amendment\ns 92 hdg sub A2010-43 amdt 1.31\ns 92 am A2010-43 amdt 1.32\nOffence—licensee fail to comply with direction to prepare approved\nrisk-assessment management plan\ns 92A ins A2017-13 s 45\nOffence—failure to amend approved risk-assessment management plan\ns 92B ins A2017-13 s 45\nYoung people’s event approval—application\ns 95 am A2025-29 amdt 4.117\nOffence—supply liquor without RSA certificate—licensee or permit-holder\ns 100 am A2017-13 s 47, s 96; A2017-13 s 46\nOffence—supply liquor without RSA certificate—employee\ns 101 am A2017-13 s 96; A2017-13 s 48\nOffence—crowd controller without RSA certificate\ns 102 am A2017-13 s 96\nOffence—fail to keep RSA certificates\ns 103 am A2017-13 s 49; A2017-13 s 50\nWhat is intoxicated?\ns 104 am A2017-13 s 51\nOffence—supply liquor to intoxicated person—licensee or permit-holder\ns 105 am A2015-50 amdt 3.119; A2017-13 s 52\n\nOffence—supply liquor to intoxicated person—employee\ns 106 am A2015-50 amdt 3.119; A2017-13 s 52\nOffence—supply liquor to intoxicated person—other person\ns 107 am A2017-13 s 53, s 54; pars renum R26 LA\nOffence—fail to display sign about abuse offence\ns 109 om A2017-13 s 55\nOffence—supply liquor to child or young person—licensee or permit-holder\ns 110 am A2015-50 amdt 3.119; A2017-13 s 56\nOffence—supply liquor to child or young person—employee\ns 111 am A2015-50 amdt 3.119; A2017-13 s 56, s 57\nOffence—supply liquor to child or young person—other person\ns 112 am A2017-13 ss 58-60; pars renum R26 LA\nOffence—child or young person consume liquor—licensee or permit-holder\ns 114 am A2017-13 s 61\nOffence—child or young person consume liquor\ns 115 am A2017-13 s 62; pars renum R26 LA\nOffence—child or young person possess liquor—licensee or permit-holder\ns 116 am A2017-13 s 63, s 64\nOffence—child or young person possess liquor\ns 117 am A2017-13 s 65, s 66; pars renum R26 LA\nOffence—send child or young person to obtain liquor\ns 119 am A2017-13 s 67, s 68; pars renum R26 LA\nLicensee, permit-holder, etc may seize false identification document\ns 124 am A2010-43 amdts 1.33-1.36; pars and ss renum R2 LA;\nOffence—exceed occupancy loading\ns 125 am A2010-43 amdt 1.37\nOffence—fail to display occupancy loading sign\ns 126 am A2010-43 amdt 1.38\nOffence—fail to make risk-assessment management plan available\ns 128 om A2010-43 amdt 1.39\nOffence—disclose confidential provision of risk-assessment management\nplan\ns 129 om A2010-43 amdt 1.40\nWhat is an incident?—div 8.6\ns 130 am A2010-43 amdt 1.41; pars renum R2 LA\n\nIncident reporting\ns 131 am A2010-43 amdt 1.42; pars renum R2 LA\nsub A2017-13 s 69\nOffence—fail to report incident\ns 132 hdg sub A2017-13 s 70\ns 132 am A2017-13 s 71\nOffence—conduct prohibited promotional activities\ns 137 am A2010-43 amdt 1.43; ss renum R2 LA\nOffence—remain in or re-enter vicinity of premises\ns 138 sub A2017-13 s 72\nOffence—take liquor from on licensed premises\ns 139A ins A2017-13 s 73\nOffence—fail to comply with direction to display sign\ns 143A ins A2017-13 s 74\nExcluding people from premises\ndiv 8.9 hdg ins A2017-13 s 75\nExcluding people from premises\ns 143B ins A2017-13 s 75\nam A2017-13 s 76, s 77\nExclusion orders\ndiv 8.10 hdg ins A2019-43 s 17\nDefinitions—div 8.10\ns 143C ins A2019-43 s 17\ndef excluded person ins A2019-43 s 17\ndef exclusion order ins A2019-43 s 17\ndef exclusion period ins A2019-43 s 17\nMeaning of exclusion order, excluded person and exclusion period\ns 143D ins A2019-43 s 17\nApplication for exclusion order\ns 143E ins A2019-43 s 17\nMaking of exclusion order\ns 143F ins A2019-43 s 17\nOffence—excluded person on premises contrary to exclusion order\ns 143G ins A2019-43 s 17\nDisplay of notice about effect of exclusion order\ns 143H ins A2019-43 s 17\nAmending or revoking exclusion order\ns 143I ins A2019-43 s 17\n\nCommissioner may direct licensee, permit-holder, employee etc\ns 144 am A2017-13 s 78;A2025-29 amdt 4.117\nDirection to give security camera images\ndiv 9.1A hdg ins A2017-13 s 79\nCommissioner or police may direct licensee to give security camera images\ns 145A ins A2017-13 s 79\nam A2024-4 s 4\nOffence—fail to comply with direction to give security camera images\ns 145B ins A2017-13 s 79\nDefinitions—div 9.3\ns 149 def caution offence am A2016-7 s 34\ndef CYP chief executive om A2011-22 amdt 1.288\ndef CYP director-general ins A2011-22 amdt 1.288\nPolice may caution children and young people\ns 150 am A2011-22 amdt 1.289\nPolice must caution and release child or young person as soon as\npracticable\ns 151 am A2011-22 amdt 1.289\nChief police officer may revoke cautions\ns 152 am A2011-22 amdt 1.289\nPower to enter premises\ns 154 am A2010-43 amdt 1.44; pars renum R2 LA\nConsent to entry\ns 156 am A2010-43 amdt 1.45\nWarrants—application made other than in person\ns 160 am A2018-33 amdt 1.45, amdt 1.46\nReceipt for things seized\ns 164 am A2025-29 amdt 4.117\nReturn of things seized\ns 167 am A2011-22 amdt 1.289\nForfeiture of seized things\ns 168 am A2011-22 amdt 1.289\nApplication for order disallowing seizure\ns 170 am A2011-22 amdt 1.289; A2017-4 amdt 3.93\nOrder for return of seized thing\ns 171 am A2011-22 amdt 1.289\nForm of complaint\ns 177 am A2016-18 amdt 2.5; A2017-13 s 80\n\nFurther information about complaint etc\ns 179 am A2011-52 amdt 3.131; A2015-50 amdt 3.118; A2016-18\namdt 3.138\nMeaning of person of concern—div 11.3\ns 182A ins A2019-43 s 18\nGrounds for occupational discipline—licensee\ns 183 am A2010-43 amdt 2.3; A2017-13 s 81; A2019-43 s 19\nGrounds for occupational discipline—commercial permit-holder\ns 184 am A2010-43 amdt 2.6; A2019-43 s 20\nACAT must consider suitability information, etc about licensee or\ncommercial-permit holder\ns 185 am A2015-23 s 26\nACAT must consider suitability information, etc about premises\ns 186 am A2017-13 s 97\nApplication to ACAT for occupational discipline\ns 187 am A2010-43 amdt 1.46\nCompliance testing\npt 11A hdg ins A2017-13 s 82\nDefinitions—pt 11A\ns 187A ins A2017-13 s 82\ndef approved procedures ins A2017-13 s 82\ndef approved program ins A2017-13 s 82\ndef authorised person ins A2017-13 s 82\ndef compliance test ins A2017-13 s 82\ndef purchase assistant ins A2017-13 s 82\nWhat is a compliance test?—pt 11A\ns 187B ins A2017-13 s 82\nApproval of compliance testing programs\ns 187C ins A2017-13 s 82\nApproval of compliance testing procedures\ns 187D ins A2017-13 s 82\nCarrying out compliance testing\ns 187E ins A2017-13 s 82\nLawfulness of compliance testing\ns 187F ins A2017-13 s 82\nIndemnification of authorised people and purchase assistants\ns 187G ins A2017-13 s 82\n\nCancellation of licence or permit for criminal activity\npt 11B hdg ins A2019-43 s 21\nDefinitions—pt 11B\ns 187H ins A2019-43 s 21\ndef cancellation order ins A2019-43 s 21\ndef involved, with a licence ins A2019-43 s 21\ndef involved, with a permit ins A2019-43 s 21\nApplication for cancellation order\ns 187I ins A2019-43 s 21\nCancellation order\ns 187J ins A2019-43 s 21\nCancellation order—revocation\ns 187K ins A2019-43 s 21\nOffences—cancellation order—involvement of person engaged in criminal\nactivity\ns 187L ins A2019-43 s 21\nDefinitions—div 12.1\ns 188 def registered training organisation sub A2014-48 amdt\n1.22\nRSA training course approval—application\ns 189 am A2025-29 amdt 4.117\nWhat is an RSA certificate?\ns 193 am A2017-4 amdt 3.94\nsub A2017-13 s 83\nam A2021-33 s 23, s 24\nRSA training providers must give RSA certificates\ns 194 hdg sub A2017-4 amdt 3.95\ns 194 am A2017-4 amdt 3.96\nAlcohol-free places\ns 198 am A2025-29 amdt 4.117\nOffence—consume liquor at certain public places\ns 199 am A2015-50 amdt 3.119; A2018-19 amdts 1.2-1.4; pars\nrenum R29 LA\nOffence—possess open container of liquor at certain public places\ns 200 am A2015-50 amdt 3.119; A2018-19 amdts 1.5-1.7; pars\nrenum R29 LA\nOffence—supply liquor to child or young person by parent etc—private place\ns 204A ins A2015-23 s 15\n\nPolice officer may ask for identification document\ns 207 am A2010-43 amdt 1.47\nWhat is a proof of identity card?—div 14.2\ns 209 sub A2016-7 s 35\nProof of identity cards\ns 210 hdg sub A2016-7 s 36\ns 210 am A2016-7 s 37; A2025-29 amdt 4.117\nOffence—child or young person use false identification to obtain proof of\nidentity card\ns 211 hdg sub A2016-7 s 38\ns 211 am A2016-7 s 39\nProhibited liquor products\ns 213 am A2017-13 s 84; A2025-29 amdt 4.117\nLicensee events and special events\ndiv 14.4 hdg ins A2017-13 s 85\nApplication—div 14.4\ns 214A ins A2017-13 s 85\nDefinitions—div 14.4\ns 214B ins A2017-13 s 85\ndef Access Canberra ins A2024-13 s 20\ndef changed floor plan authorisation ins A2024-13 s 20\ndef extended trading authorisation ins A2024-13 s 20\ndef extended trading period ins A2024-13 s 20\ndef head ins A2024-13 s 20\ndef special event declaration ins A2024-13 s 20\nMeaning of licensee event and special event\ns 214C ins A2024-13 s 20\nDeclaration of special event\ns 214D ins A2024-13 s 20\nExtended trading for special event\ns 214E ins A2024-13 s 20\nExtended trading for licensee event\ns 214F ins A2024-13 s 20\nChange to floor plan of licensed premises\ns 214G ins A2024-13 s 20\n\nMembership of liquor advisory board\ns 216 am A2015-23 ss 16-20; pars renum R15 LA; A2017-38\nss 43-45; pars renum R28 LA; A2023-13 s 20, s 21;\npars renum R37 LA\nLiquor advisory board function\ns 217 sub A2015-23 s 21\nLiquor advisory board procedure\ns 218 am A2015-23 s 22\nReimbursement of expenses for liquor advisory board members\ns 219 am A2015-23 s 22\nCriminal intelligence\npt 16A hdg ins A2015-23 s 23\nReviewable decision notices\ns 221 am A2025-29 amdt 4.117\nApplications for review\ns 222 am A2025-29 amdt 4.117\nDefinitions—pt 16A\ns 222A ins A2015-23 s 23\ndef criminal intelligence ins A2015-23 s 23\ndef maintain ins A2015-23 s 23\nDisclosure of criminal intelligence—chief police officer\ns 222B ins A2015-23 s 23\nam A2019-43 s 22\nDisclosure of criminal intelligence—commissioner for fair trading and ACAT\ns 222C ins A2015-23 s 23\nWhether information is criminal intelligence—application and decision\ns 222D ins A2015-23 s 23\nam A2019-43 s 23; ss renum R33 LA\nAppeal—applicant may withdraw information\ns 222E ins A2015-23 s 23\nConfidentiality of criminal intelligence—commissioner and ACAT\ns 222F ins A2015-23 s 23\nam A2019-43 s 24; ss renum R33 LA\nConfidentiality of criminal intelligence—courts\ns 222G ins A2015-23 s 23\nDelegation by chief police officer\ns 222H ins A2015-23 s 23\n\nLiquor guidelines\ns 223 am A2010-43 amdt 1.48; ss renum R2 LA; A2024-13 s 21;\nDeclared training providers\ns 224 am A2025-29 amdt 4.117\nLicences and permits not personal property—PPS Act\ns 224A ins A2010-43 amdt 1.49\nEvidentiary certificates—licensees and permit holders\ns 224B ins A2017-13 s 86\nDetermination of fees\ns 227 am A2012-10 s 4; ss renum R10 LA; A2020-42 s 117, s 118;\nss renum R34 LA; A2025-29 amdt 4.117\nApproved forms\ns 228 am A2025-29 amdt 4.117\nRegulation-making power\ns 229 am A2020-42 s 119; A2025-29 amdt 4.117\nLegislation repealed\ns 230 om LA s 89 (3)\nTransitional\npt 20 hdg ins A2010-43 amdt 1.50\nDefinitions—pt 20\ns 250 ins A2010-43 amdt 1.50\ndef commencement day ins A2010-43 amdt 1.50\ndef new licence ins A2010-43 amdt 1.50\ndef old licence ins A2010-43 amdt 1.50\ndef repealed Act ins A2010-43 amdt 1.50\nModification—s 2 (Commencement)\ns 250A ins as mod SL2010-40 mod 4.1 (as am by SL2010-48 s 5;\nSL2011-23 s 4)\nmod exp 1 December 2013 (SL2010-40 s 101 (2))\nTransitional—old licensees applying for new licences\ns 251 ins A2010-43 amdt 1.50\nmod SL2010-40 mod 4.2 (as am by SL2010-48 s 5) mod exp\n1 December 2013 (SL2010-40 s 101 (2))\n\nTransitional—old licences and new applications\ns 252 ins A2010-43 amdt 1.50\nTransitional—old licences and occupancy loading\ns 253 ins A2010-43 amdt 1.50\nTransitional—old liquor permits taken to be commercial permits\ns 254 ins A2010-43 amdt 1.50\nTransitional—old non-profit organisation wine permits taken to be\nnon-commercial permits\ns 255 ins A2010-43 amdt 1.50\nTransitional—old tourism wine permits taken to be commercial permits\ns 256 ins A2010-43 amdt 1.50\nTransitional—RSA certificates\ns 257 ins A2010-43 amdt 1.50\nTransitional regulations\ns 258 ins A2010-43 amdt 1.50\nExpiry—pt 20\ns 259 ins A2010-43 amdt 1.50\nTransitional\npt 21 hdg ins A2015-23 s 24\nMeaning of commencement day—pt 21\ns 260 ins A2015-23 s 24\nLiquor advisory board member representing liquor consumers\ns 261 ins A2015-23 s 24\nExpiry—pt 21\ns 262 ins A2015-23 s 24\nTransitional—proof of age cards\npt 22 hdg ins A2016-7 s 40\n\nMeaning of commencement day—pt 22\ns 263 ins A2016-7 s 40\nProof of age cards\ns 264 ins A2016-7 s 40\nExpiry—pt 22\ns 265 ins A2016-7 s 40\nTransitional—liquor advisory board appointments\npt 23 hdg ins A2017-38 s 46\nMeaning of commencement day—pt 23\ns 266 ins A2017-38 s 46\nExisting Clubs ACT appointment\ns 267 ins A2017-38 s 46\nExisting Australian Hotels Association (ACT branch) appointment\ns 268 ins A2017-38 s 46\nExpiry—pt 23\ns 269 ins A2017-38 s 46\nValidations and transitional\npt 24 hdg ins A2020-42 s 120\nValidation of fees\ns 270 ins A2020-42 s 120\nTransitional—Liquor (Fees) Determination 2019\ns 271 ins A2020-42 s 120\nExpiry—pt 24\ns 272 ins A2020-42 s 120\nTransitional—Justice and Community Safety Legislation Amendment\nAct 2023\npt 25 hdg ins A2023-13 s 22\n\nLiquor advisory board—existing Australian Federal Police member\ns 273 ins A2023-13 s 22\nExpiry—pt 25\ns 274 ins A2023-13 s 22\nReviewable decisions\nsch 1 am A2010-43 amdt 1.51; A2020-42 s 121; items renum R34\nLA\ndict am A2010-54 amdt 3.43; A2011-22 amdt 1.290; A2011-52\namdt 3.132; A2012-21 amdt 3.115; A2016-33 amdt 1.35;\nA2017-4 amdt 3.97, amdt 3.98; A2018-33 s 86; A2023-36\namdt 1.243, amdt 1.244; A2025-29 amdt 3.191\ndef ACAT Act ins A2010-43 amdt 1.52\ndef Access Canberra ins A2024-13 s 22\ndef ACTPLA certificate om A2017-13 s 87\ndef applicant om A2017-13 s 87\ndef approved procedures ins A2017-13 s 88\ndef approved program ins A2017-13 s 88\ndef authorised person sub A2017-13 s 89\ndef cancellation order ins A2019-43 s 25\ndef catered premises ins A2017-13 s 90\ndef catering licence ins A2017-13 s 90\ndef changed floor plan authorisation ins A2024-13 s 24\ndef class am A2024-13 s 23; pars renum R41 LA\ndef compliance test ins A2017-13 s 91\ndef confidential provision om A2010-43 amdt 1.53\ndef criminal intelligence ins A2015-23 s 25\ndef CYP chief executive om A2011-22 amdt 1.291\ndef CYP director-general ins A2011-22 amdt 1.291\ndef designated outdoor smoking area ins A2010-43\namdt 2.7\ndef enclosed public place sub A2010-43 amdt 2.8\ndef excluded person ins A2019-43 s 25\ndef exclusion order ins A2019-43 s 25\ndef exclusion period ins A2019-43 s 25\ndef extended trading authorisation ins A2024-13 s 24\ndef extended trading period ins A2024-13 s 24\ndef head ins A2024-13 s 24\ndef identification document am A2016-7 s 41\nsub A2018-33 s 87\ndef identity card am A2010-54 amdt 3.44\ndef incident register om A2017-13 s 92\ndef interim licence ins A2024-13 s 24\ndef interstate proof of age card om A2016-7 s 42\n\ndef interstate proof of identity card ins A2016-7 s 43\ndef investigator am A2010-54 amdt 3.44\ndef involved, with a licence ins A2019-43 s 25\ndef involved, with a permit ins A2019-43 s 25\ndef lease sub A2023-36 amdt 1.245\ndef licensed premises ins A2010-43 amdt 1.54\nam A2017-13 s 93\ndef licensee event ins A2024-13 s 24\ndef licensed times am A2017-13 s 94\ndef liquor advisory board ins A2017-4 amdt 3.99\ndef low-alcohol liquor am A2010-43 amdt 1.55\ndef maintain ins A2015-23 s 25\ndef outdoor eating or drinking place ins A2010-43 amdt 2.9\ndef permit-holder sub A2017-4 amdt 3.100\ndef permitted premises ins A2010-43 amdt 1.56\ndef police certificate am A2011-49 amdt 1.11, amdt 1.12;\nA2011-52 amdt 3.133; A2015-45 amdt 1.7; A2017-4\namdt 3.101\ndef proof of age card om A2016-7 s 44\ndef proof of identity card ins A2016-7 s 45\ndef purchase assistant ins A2017-13 s 95\ndef registered proprietor ins A2024-13 s 24\ndef reviewable decision am A2017-4 amdt 3.102\ndef smoke sub A2010-43 amdt 2.10\ndef special event ins A2024-13 s 24\ndef special event declaration ins A2024-13 s 24\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n9 Nov 2010\n9 Nov 2010–\n30 Nov 2010 (not\nin force)\nA2010-43 amendments by\nA2010-43 to\ncommencement\nsection only\n1 Dec 2010\n1 Dec 2010–\n8 Dec 2010\nA2010-43 new Act,\nmodifications by\nSL2010-40 as am\nby SL2010-48 and\namendments by\n9 Dec 2010\n9 Dec 2010–\n31 Dec 2010\nA2010-43 amendments by\n1 Jan 2011\n1 Jan 2011–\nA2010-54 amendments by\nA2010-54\n1 June 2011–\nA2010-54 commenced\nprovisions\n1 July 2011–\n4 Aug 2011\nA2011-22 amendments by\nA2011-22\n5 Aug 2011\n5 Aug 2011–\n11 Dec 2011\nSL2011-23 modifications by\nSL2010-40 as\namended by\nSL2011-23\n12 Dec 2011\n12 Dec 2011–\n29 Jan 2012\nA2011-52 amendments by\nA2011-49 and\nA2011-52\n30 Jan 2012\n30 Jan 2012–\n3 Apr 2012\nA2011-52 amendments by\n\nEarlier republications 5\nfor\n4 Apr 2012\n4 Apr 2012–\nA2012-10 amendments by\nA2012-10\n1 June 2012–\nA2012-10 commenced\nprovisions\n5 June 2012–\n1 Dec 2013\nA2012-21 amendments by\nA2012-21\n2 Dec 2013\n2 Dec 2013–\n19 Nov 2014\nA2012-21 expiry of\nprovisions (pt 20)\nand modifications\n(s 250A, s 251\n(4A))\n20 Nov 2014\n20 Nov 2014–\n18 Aug 2015\nA2014-48 amendments by\nA2014-48\n19 Aug 2015\n19 Aug 2015–\n13 Oct 2015\nA2015-23 amendments by\nA2015-23\n14 Oct 2015\n14 Oct 2015–\n6 Nov 2015\nA2015-33 amendments by\nA2015-33\n7 Nov 2015\n7 Nov 2015–\n8 Dec 2015\nA2015-45 amendments by\nA2015-45\n9 Dec 2015\n9 Dec 2015–\n19 Feb 2016\nA2015-50 amendments by\nA2015-50\n20 Feb 2016\n20 Feb 2016–\n26 Apr 2016\nA2015-50 expiry of\nprovision (pt 21)\n27 Apr 2016\n27 Apr 2016–\nA2016-18 amendments by\nA2016-18\n21 June 2016–\nA2016-33\n18 Aug 2016\n18 Aug 2016–\n28 Aug 2016\nA2015-23\n\nfor\nR23 (RI)\n29 Aug 2016–\n8 Mar 2017\nA2016-7\nR24 (RI)\n9 Mar 2017–\nA2017-4 amendments by\nA2017-4\nR25 (RI)\n18 May 2017–\nA2017-13 amendments by\nA2017-13\nR26 (RI)\n1 July 2017–\n29 Aug 2017\nA2017-13 amendments by\nA2017-13\nR27 (RI)\n30 Aug 2017–\n15 Nov 2017\nA2017-13 expiry of\nprovisions (pt 22)\nR28 (RI)\n16 Nov 2017–\nA2017-38 amendments by\nA2017-38\n24 May 2018–\n1 Oct 2018\nA2018-19 amendments by\nA2018-19\n2 Oct 2018\n2 Oct 2018–\n15 Oct 2018\nA2018-33 amendments by\nA2018-33\n16 Oct 2018\n16 Oct 2018–\n22 Oct 2018\nA2018-33 expiry of\nprovisions (pt 23)\n\nEarlier republications 5\nfor\n23 Oct 2018\n23 Oct 2018–\nA2018-33 amendments by\nA2018-33\n6 June 2020–\n2 Sept 2020\nA2019-43 amendments by\nA2019-43\n3 Sept 2020\n3 Sept 2020–\n3 Sept 2020\nA2020-42 amendments by\nA2020-42\n4 Sept 2020\n4 Sept 2020–\n16 Dec 2021\nA2020-42 expiry of validation\nand transitional\nprovisions (pt 24)\n17 Dec 2021\n17 Dec 2021–\n11 Apr 2023\nA2021-33 amendments by\nA2021-33\n12 Apr 2023\n12 Apr 2023–\n26 Nov 2023\nA2023-13 amendments by\nA2023-13\n27 Nov 2023\n27 Nov 2023–\n11 Dec 2023\nA2023-36 amendments by\nA2023-36\n12 Dec 2023\n12 Dec 2023–\n12 Apr 2024\nA2023-55 amendments by\nA2023-55\n13 Apr 2024\n13 Apr 2024–\n19 Apr 2024\nA2023-55 expiry of\nprovisions (pt 25)\n20 Apr 2024\n20 Apr 2024–\nA2024-13\n28 June 2024–\nA2024-4\n2 July 2024–\n25 Nov 2025\nA2024-13\n\n6 Expired transitional or validating provisions\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":287}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Since the Act’s original structure the regime has been expanded materially. Notable scope extensions include: (1) a formal compliance‑testing program that authorises supervised under‑age purchase assistants to test vendors (pt 11A, ss 187B–187E), creating an operational enforcement tool beyond ordinary inspections; (2) a cancellation pathway that allows ACAT to cancel licences or permits if criminal activity by someone involved creates an ‘unacceptable risk’ to community safety (pt 11B, ss 187I–187J), expanding the regulator’s ability to remove operators on crime‑related grounds; (3) a confidential criminal‑intelligence process governing police disclosures to the Commissioner and ACAT (pt 16A, ss 222A–222G), which changes transparency and evidence handling in suitability and discipline decisions; (4) event and night‑economy specific provisions (div 14.4, ss 214D–214G) establishing extended trading authorisations and changed floor‑plan authorisations for events; and (5) tighter operational controls and enforcement measures (expanded incident reporting s 131, directions to provide CCTV s 145A, and emergency closure powers s 146). These additions move the Act beyond a conventional licensing and safety regime into a more interventionist, intelligence‑led enforcement architecture (see the cited sections)."},"complexity_factors":["Length and scope: comprehensive statute covering licensing, permits, enforcement, safety rules, training, events, intelligence and criminal‑activity cancellation across 17 Parts.","Extensive defined terms: detailed dictionary and cross‑references to many external Acts (Building Act 2004, Planning Act 2023, Children and Young People Act 2008, Criminal Code, Corporations Act, PPSA).","Multiple new discrete regimes added: compliance testing (pt 11A, ss 187A–187G), cancellation for criminal activity (pt 11B, ss 187H–187L), criminal intelligence confidentiality and procedure (pt 16A, ss 222A–222G).","Numerous conditional timeframes and deadlines: differing 'required time' and decision periods (90 days, 30 days, 20 working days, 7 days) depending on the application type (see s 27(4), s 39(7), s 51(4), s 32B(7)).","Many cross‑references and nested exceptions: suitability and premises tests cross to public consultation, police certificates, risk plans and building/planning compliance (see ss 68–79), creating layered decision logic.","High incidence of strict liability offences and varied penalties including imprisonment for some offences (multiple provisions in pt 8 and pt 11B), increasing enforcement complexity.","Complex enforcement powers with procedural safeguards: entry (s 154), consent procedures (s 156), warrants (s 159–161), seizure/forfeiture (s 158, 167–170), and compensation and return processes (s 173–171).","Administrative discretion concentrated in the Commissioner and ACAT: broad power to impose conditions, direct amendments, and confidentially handle criminal intelligence (s 31, s 144, pt 16A).","Schedule of reviewable decisions: a specific list of reviewable decisions and who may apply (schedule 1), requiring mapping between statutory decisions and review rights (12 items listed)."],"plain_english_summary":"**What this law does (mechanics)\n\n- Regulates who may sell, supply, promote and consume alcohol in the ACT by creating licences (long‑term authorisations) and permits (shorter, event or limited authorisations) and by setting rules for how licensed and permitted premises operate (see s 16, s 47).  \n\n- Sets classes of licences and permits (general, on, off, club, catering, special; commercial and non‑commercial permits), the application and public consultation process for them, and the factors the regulator (the Commissioner for Fair Trading) must consider before granting, amending, transferring or cancelling them (see divs 2.1–2.5, s 25, s 27, s 37, s 41, s 51).  \n\n- Requires applicants and current holders to supply extensive suitability information: police certificates, criminal history and other documents about people (proposed licensees, close associates, influential people) and premises (floor plans, certificate of occupancy, planning/lease evidence). The Commissioner may also inspect premises and request additional material (see s 25(c)–(f), s 69, s 79, s 80, s 71).  \n\n- Imposes operational controls on premises: occupancy loadings tied to fire engineering advice (s 85–86), adults‑only areas (s 93–94), approved risk‑assessment management plans (s 88–92), incident reporting requirements (s 130–132), RSA (responsible service of alcohol) training and certificate requirements (pt 12; s 100–103), CCTV/security camera directions (s 31(3)(i); s 145A) and many conditions the Commissioner may impose (s 31).  \n\n- Creates a range of criminal and civil enforcement powers and sanctions: on‑the‑spot powers for authorised officers (entry, inspection, seizure), search warrants, seizure/forfeiture and destruction of seized things, emergency closure orders by senior police for up to 24 hours (s 146–147), commissioner directions (s 144–145), and significant monetary penalties and imprisonment for certain breaches (multiple provisions throughout pt 8 and pt 10).  \n\n- Adds specialised enforcement and integrity mechanisms: compliance testing programs using supervised young people as purchase assistants to test under‑age sales (pt 11A; s 187B–187E), cancellation orders where criminal activity by someone involved with a licence or permit makes continued holding an unacceptable risk (pt 11B; s 187I–187J), and a criminal‑intelligence confidentiality regime governing police disclosures to the Commissioner and ACAT (pt 16A; s 222A–222G).  \n\n- Establishes administrative supporting arrangements: a public register of licences and permits with limited exceptions (pt 13; s 195–197), a Liquor Advisory Board to advise the Minister (pt 15), prescription powers and fee settings (s 227–229), and detailed review rights to ACAT for specified decisions (s 220–222; schedule 1).\n\nWho is affected\n\n- Primary: licensees and permit‑holders (pubs, clubs, restaurants, off‑licence retailers, caterers), their employees and contractors (including crowd controllers), and prospective owners/operators who must supply suitability information and meet licensing conditions (see s 25, s 69, s 31).  \n- Secondary: suppliers of goods and services to licensed premises (security, fire engineers), landlords and leaseholders (lease compliance required—s 25(e), s 79(a)), nearby residents and businesses (public consultation, noise and amenity considerations—s 10(h)), police and regulators (enforcement duties) and the broader public (alcohol‑free places, minors protections—pt 14, div 14.2).\n\nWhy it matters (stated purpose and how it is delivered)\n\n- The Act’s stated object is to minimise harm from alcohol, support responsible industry development and protect community safety and amenity (s 9). That object is implemented by combining: licensing controls and suitability screening (to exclude risky operators, s 68–69), operational conditions and safety rules (occupancy, RSA, risk plans, s 85–92, s 100–106), enforcement powers (entry, seizure, closure, s 154, s 158, s 146) and targeted tools for problem operators (cancellation orders, exclusion orders, pt 11B and div 8.10).\n\nTesting the object against costs, incentives and trade‑offs (mechanisms, not verdicts)\n\n- Who pays: all licensees/permit‑holders bear most compliance costs. Applicants pay for police certificates, floor plans, occupancy/fire engineering work, approved risk plans and, sometimes, increased security or CCTV required as licence conditions (see s 25(d), s 79(c), s 86(3)). Fees are set by the Minister (s 227) but may be reduced for operators who host eligible events (s 32B).  \n\n- Compliance burden and administrative discretion: the Commissioner has broad discretion to impose bespoke conditions (s 31), to request extra information (s 71, s 79, s 91), and to refuse, amend or suspend licences (s 27, s 37, s 46A). That concentrates regulatory judgement and increases the need for clear administrative practice; businesses will face uncertainty where conditions are individualized.  \n\n- Enforcement intensity and deterrence: strict liability offences, high monetary penalties and the possibility of imprisonment for some breaches (for example, s 143G; s 140) raise the expected cost of non‑compliance, which should deter risky behaviour. They also increase the legal and operational risk for licensees and may raise compliance costs (insurance, training, record‑keeping—s 142).  \n\n- Targeted tools vs broad effects: cancellation orders for criminal activity (pt 11B; s 187J) and criminal intelligence protections (pt 16A; s 222B–222G) concentrate power to disrupt organised or criminal involvement. These tools can remove high‑risk actors (a concentrated benefit) but also create compliance and reputational risk for businesses where non‑conviction intelligence or non‑public material is used (mechanism: the ACAT/Commissioner can act on criminal intelligence subject to confidentiality procedures).  \n\n- Substitution and leakage: the Act exempts a number of small or incidental suppliers (s 8A—traveller accommodation minibars, florists with packaged bottles, some limousine/tour supplies) and creates rules for exempt university buildings (s 8). Those exemptions may shift some activity away from the licensed sector to exempt suppliers. Conversely, heavy regulation on daytime/night‑time trading (licensed times, extended trading and event approvals, s 214D–214F) may shift demand to private events or unregulated settings (substitution risk).  \n\n- Opportunity costs and implementation risk: the Act relies on cross‑agency inputs (fire service occupancy advice s 86; police intelligence s 222B; planning and building compliance s 76–77). Effective implementation requires resources and coordination across agencies; if those inputs (eg timely fire engineering reviews) are delayed, licensing determinations and business plans will be delayed (see s 27(4), s 39(6)).  \n\nConcentrated benefits, diffuse costs and capture risk (mechanism description)\n\n- Concentrated benefits accrue to police, regulators and community safety stakeholders when the law removes high‑risk operators (pt 11B) or curbs antisocial behaviour via incident reporting and emergency closure (s 131–147).  \n- Diffuse costs fall on the entire licensed industry through compliance costs (detailed suitability checks, risk plans, RSA training) and on small operators subject to the same administrative processes as larger ones (s 25, s 88–92, pt 12).  \n- The Act increases the Commissioner’s discretionary powers (conditions, directions, confidentiality decisions) which creates some capture risk in the sense that affected businesses must engage with a single powerful regulator (see s 31, s 144, s 222C–222F). The concrete mechanism is a broad conditional licensing and enforcement regime where many outcomes depend on regulator judgement and inter‑agency inputs.\n\nImplementation and compliance highlights (practical points)\n\n- Applicants and existing licensees should budget for police certificates, approved floor plans, certificate of occupancy, fire engineering studies where required (s 25(d), s 79, s 86), and for developing and maintaining approved risk‑assessment management plans (s 88–92).  \n- Operators must keep up RSA certification records, incident registers, CCTV footage where required, and must be prepared to provide security camera images on written direction (s 100–103, s 103, s 131, s 145A).  \n- The Act provides administrative relief mechanisms (interim licences s 27A, fee reduction for eligible events s 32B) and review routes to ACAT for many decisions (schedule 1).  \n\nPrimary sections to review quickly if you operate or advise an operator: s 25 (applications), s 27 (decision criteria), s 31 (conditions), s 69–79 (suitability and premises checks), pt 6 (risk plans), pt 8 (conduct and offences), pt 11A (compliance testing), pt 11B (cancellation for criminal activity), pt 16A (criminal intelligence), pt 12 (RSA training), and s 85–87 (occupancy loading and fire service involvement)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":724},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2010 form. Major additions include: Part 11A (compliance testing with underage purchasers, 2017), Part 11B (cancellation for criminal activity, 2019), Part 16A (criminal intelligence protections, 2015), Division 8.10 (exclusion orders for violent patrons, 2019), Division 14.4 (extended trading and special events, 2017/2024), and Division 9.1A (security camera directions, 2017). The 2024 amendments also added interim licences and fee reduction provisions for live music venues, reflecting evolving policy priorities around night-time economy and harm minimisation."},"complexity_factors":["229 sections across 17 parts plus schedules and dictionary","Extensive cross-referencing to other ACT laws (Planning Act, Building Act, Children and Young People Act, etc.)","Multiple nested exception clauses (e.g., s 110(6) has exceptions to offences, with evidential burdens)","Complex suitability assessment framework requiring police certificates, public consultation, and multiple decision criteria","Detailed enforcement powers including warrants, seizure, forfeiture, and emergency closures","Criminal intelligence provisions with special confidentiality and review procedures (Part 16A)","Multiple transitional and expired provisions showing legislative evolution","Defined terms scattered throughout with signpost definitions in dictionary","Strict liability offences mixed with offences requiring fault elements","Interplay between Commissioner decisions and ACAT review jurisdiction"],"plain_english_summary":"The Liquor Act 2010 regulates sale, supply and consumption of alcohol in the ACT by requiring licences or permits for businesses and events, vetting applicants and premises for suitability, and mandating responsible service and safety measures. It also empowers inspections, closures and sanctions to stop sales to minors or intoxicated patrons.\n\nThe law’s purpose is to reduce alcohol‑related harm and protect community safety while enabling legitimate trade."}},"importantCases":[],"_links":{"self":"/api/acts/liquor-act-2010","history":"/api/acts/liquor-act-2010/history","analysis":"/api/acts/liquor-act-2010/analysis","conflicts":"/api/acts/liquor-act-2010/conflicts","importantCases":"/api/acts/liquor-act-2010/important-cases","documents":"/api/acts/liquor-act-2010/documents"}}