{"id":"qld:act-1994-080","name":"Wine Industry Act 1994","slug":"wine-industry-act-1994","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"80 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104747,"registerId":"qld-act-1994-080-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Wine Industry Act 1994 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Objectives and their achievement","content":"### sec.3 Objectives and their achievement\n\nThe objectives of this Act are—\nto enable the efficiency of the Queensland wine industry to be developed further; and\nto foster further investment in, and growth of, the Queensland wine industry; and\nto help the Queensland wine industry to develop further its tourism potential; and\nto establish a system under which the integrity of the Queensland wine industry is ensured; and\nto regulate the Queensland wine industry in a way that is compatible with minimising harm arising from the misuse of liquor and the aims of the National Health Policy on Alcohol adopted by the Ministerial Council on Drug Strategy and published by the Commonwealth.\nThe policy is available from the department.\nThe objectives are to be achieved mainly by licensing, under this Act, persons so that they can sell wine.\nA person who is licensed under this Act need not be licensed under the Liquor Act 1992 before the person can lawfully sell wine.\nThe objectives of the Act are also to be achieved by allowing the Minister to establish the Wine Industry Policy Council as a representative body to advise the Minister.\ns 3 amd 2001 No. 40 s 4\n(sec.3-ssec.1) The objectives of this Act are— to enable the efficiency of the Queensland wine industry to be developed further; and to foster further investment in, and growth of, the Queensland wine industry; and to help the Queensland wine industry to develop further its tourism potential; and to establish a system under which the integrity of the Queensland wine industry is ensured; and to regulate the Queensland wine industry in a way that is compatible with minimising harm arising from the misuse of liquor and the aims of the National Health Policy on Alcohol adopted by the Ministerial Council on Drug Strategy and published by the Commonwealth. The policy is available from the department.\n(sec.3-ssec.2) The objectives are to be achieved mainly by licensing, under this Act, persons so that they can sell wine.\n(sec.3-ssec.3) A person who is licensed under this Act need not be licensed under the Liquor Act 1992 before the person can lawfully sell wine.\n(sec.3-ssec.4) The objectives of the Act are also to be achieved by allowing the Minister to establish the Wine Industry Policy Council as a representative body to advise the Minister.\n- (a) to enable the efficiency of the Queensland wine industry to be developed further; and\n- (b) to foster further investment in, and growth of, the Queensland wine industry; and\n- (c) to help the Queensland wine industry to develop further its tourism potential; and\n- (d) to establish a system under which the integrity of the Queensland wine industry is ensured; and\n- (e) to regulate the Queensland wine industry in a way that is compatible with minimising harm arising from the misuse of liquor and the aims of the National Health Policy on Alcohol adopted by the Ministerial Council on Drug Strategy and published by the Commonwealth. Editor’s note— The policy is available from the department.","sortOrder":4},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Dictionary","content":"### sec.4 Dictionary\n\nThe dictionary in schedule 2 defines particular words used in this Act.\ns 4 sub 2008 No. 19 s 4","sortOrder":6},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"Relationship between this Act and the Liquor Act","content":"## Relationship between this Act and the Liquor Act","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Relationship with Liquor Act","content":"### sec.5 Relationship with Liquor Act\n\nThis Act is based, in part, on the Liquor Act and some relevant issues are common to both Acts.\nprinciple that alcohol is not to be sold to minors\nTo ensure consistency with the Liquor Act , some words are defined by reference to the meaning of the word in the Liquor Act .\nThe definition acceptable evidence of age refers to a document that is acceptable evidence of age under the Liquor Act .\nAlso, parts 2 and 7 of the Liquor Act apply in a way stated in sections 33 and 49 .\n(sec.5-ssec.1) This Act is based, in part, on the Liquor Act and some relevant issues are common to both Acts. principle that alcohol is not to be sold to minors\n(sec.5-ssec.2) To ensure consistency with the Liquor Act , some words are defined by reference to the meaning of the word in the Liquor Act . The definition acceptable evidence of age refers to a document that is acceptable evidence of age under the Liquor Act .\n(sec.5-ssec.3) Also, parts 2 and 7 of the Liquor Act apply in a way stated in sections 33 and 49 .","sortOrder":8},{"sectionNumber":"pt.1-div.4","sectionType":"division","heading":"Relationship between this Act and the Personal Property Securities Act 2009 (Cwlth)","content":"## Relationship between this Act and the Personal Property Securities Act 2009 (Cwlth)","sortOrder":9},{"sectionNumber":"sec.5A","sectionType":"section","heading":"Declaration for Commonwealth Act","content":"### sec.5A Declaration for Commonwealth Act\n\nA licence is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth) .\ns 5A ins 2010 No. 44 s 156","sortOrder":10},{"sectionNumber":"pt.2","sectionType":"part","heading":"Licences and permits","content":"# Licences and permits","sortOrder":11},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":12},{"sectionNumber":"sec.6","sectionType":"section","heading":"Requirement to be licensed under this Act or Liquor Act","content":"### sec.6 Requirement to be licensed under this Act or Liquor Act\n\nBefore a person may lawfully sell wine, the person must be licensed under this Act or be authorised to sell wine under the Liquor Act .\nA person may obtain a wine producer licence to sell wine under this Act if the business the person will conduct under the licence will involve—\nselling wine made from fruit grown by the person on the premises to which the licence will relate; or\nselling wine made by the person on the premises to which the licence will relate.\nA person may obtain a wine merchant licence to sell wine under this Act if the business the person will conduct under the licence is not a business mentioned in subsection (2) but is a business that will otherwise contribute to the Queensland wine industry in a substantial way.\nWithout limiting subsection (3) , a person’s business will contribute, or does contribute, to the Queensland wine industry in a substantial way if the person—\nbuys fruit grown in the State—\nto make wine in the State other than on the person’s licensed premises; or\nto have wine made, under the person’s direction, on the premises of another winemaker in the State; or\ngrows fruit, in the State, that will later be used to make wine but until that time buys fruit to make wine; or\nblends, in the State, different wines to create a unique wine.\nFor subsection (3) , the business (the wine merchant business ) a person will conduct under a wine merchant licence is not a business mentioned in subsection (2) to the extent a minor part of the wine merchant business will involve selling wine made only from fruit grown, by the person, on the premises to which the person’s wine merchant licence will relate.\nA person’s business will not contribute, or does not contribute, to the Queensland wine industry in a substantial way merely because the person—\nbuys bulk wine from outside the State and bottles it in the State; or\nsells only wine made and bottled by other persons.\nThis part sets out provisions about the following—\napplying for a licence and other matters under this part;\ndecision on an application;\ngranting a licence;\nnominees;\nthe authority under a licence;\ntrading hours;\ntransferring a licence and an interim licence;\nadvertising;\nvarying, cancelling, suspending and surrendering a licence;\npermits for promoting a winery or region.\ns 6 sub 2001 No. 40 s 5\namd 2008 No. 19 s 5\n(sec.6-ssec.1) Before a person may lawfully sell wine, the person must be licensed under this Act or be authorised to sell wine under the Liquor Act .\n(sec.6-ssec.2) A person may obtain a wine producer licence to sell wine under this Act if the business the person will conduct under the licence will involve— selling wine made from fruit grown by the person on the premises to which the licence will relate; or selling wine made by the person on the premises to which the licence will relate.\n(sec.6-ssec.3) A person may obtain a wine merchant licence to sell wine under this Act if the business the person will conduct under the licence is not a business mentioned in subsection (2) but is a business that will otherwise contribute to the Queensland wine industry in a substantial way.\n(sec.6-ssec.4) Without limiting subsection (3) , a person’s business will contribute, or does contribute, to the Queensland wine industry in a substantial way if the person— buys fruit grown in the State— to make wine in the State other than on the person’s licensed premises; or to have wine made, under the person’s direction, on the premises of another winemaker in the State; or grows fruit, in the State, that will later be used to make wine but until that time buys fruit to make wine; or blends, in the State, different wines to create a unique wine.\n(sec.6-ssec.4A) For subsection (3) , the business (the wine merchant business ) a person will conduct under a wine merchant licence is not a business mentioned in subsection (2) to the extent a minor part of the wine merchant business will involve selling wine made only from fruit grown, by the person, on the premises to which the person’s wine merchant licence will relate.\n(sec.6-ssec.5) A person’s business will not contribute, or does not contribute, to the Queensland wine industry in a substantial way merely because the person— buys bulk wine from outside the State and bottles it in the State; or sells only wine made and bottled by other persons.\n(sec.6-ssec.6) This part sets out provisions about the following— applying for a licence and other matters under this part; decision on an application; granting a licence; nominees; the authority under a licence; trading hours; transferring a licence and an interim licence; advertising; varying, cancelling, suspending and surrendering a licence; permits for promoting a winery or region.\n- (a) selling wine made from fruit grown by the person on the premises to which the licence will relate; or\n- (b) selling wine made by the person on the premises to which the licence will relate.\n- (a) buys fruit grown in the State— (i) to make wine in the State other than on the person’s licensed premises; or (ii) to have wine made, under the person’s direction, on the premises of another winemaker in the State; or\n- (i) to make wine in the State other than on the person’s licensed premises; or\n- (ii) to have wine made, under the person’s direction, on the premises of another winemaker in the State; or\n- (b) grows fruit, in the State, that will later be used to make wine but until that time buys fruit to make wine; or\n- (c) blends, in the State, different wines to create a unique wine.\n- (i) to make wine in the State other than on the person’s licensed premises; or\n- (ii) to have wine made, under the person’s direction, on the premises of another winemaker in the State; or\n- (a) buys bulk wine from outside the State and bottles it in the State; or\n- (b) sells only wine made and bottled by other persons.\n- (a) applying for a licence and other matters under this part;\n- (b) decision on an application;\n- (c) granting a licence;\n- (d) nominees;\n- (e) the authority under a licence;\n- (f) trading hours;\n- (g) transferring a licence and an interim licence;\n- (h) advertising;\n- (i) varying, cancelling, suspending and surrendering a licence;\n- (j) permits for promoting a winery or region.","sortOrder":13},{"sectionNumber":"pt.2-div.1A","sectionType":"division","heading":"Applying for licence and other matters","content":"## Applying for licence and other matters","sortOrder":14},{"sectionNumber":"sec.7","sectionType":"section","heading":"Application for licence and other matters under this part","content":"### sec.7 Application for licence and other matters under this part\n\nAn application under this part, other than a conversion application, must—\nbe in the form approved by the chief executive; and\nbe made to the chief executive; and\ninclude the particulars prescribed under a regulation; and\nbe accompanied by the fee prescribed under a regulation.\nFor including a condition mentioned in section 15 (2) , (3) or (3A) or 16 (2) in a licence—\nan applicant for a licence may apply for the condition to be included in the applicant’s licence at any time before the chief executive grants or refuses to grant the licence; and\na licensee may apply for the condition to be included in the licensee’s licence at any time.\nThe chief executive, by written notice, may ask the applicant to give further information or documents relevant to the application.\ns 7 amd 2001 No. 40 s 6 ; 2008 No. 19 s 6\n(sec.7-ssec.1) An application under this part, other than a conversion application, must— be in the form approved by the chief executive; and be made to the chief executive; and include the particulars prescribed under a regulation; and be accompanied by the fee prescribed under a regulation.\n(sec.7-ssec.2) For including a condition mentioned in section 15 (2) , (3) or (3A) or 16 (2) in a licence— an applicant for a licence may apply for the condition to be included in the applicant’s licence at any time before the chief executive grants or refuses to grant the licence; and a licensee may apply for the condition to be included in the licensee’s licence at any time.\n(sec.7-ssec.3) The chief executive, by written notice, may ask the applicant to give further information or documents relevant to the application.\n- (a) be in the form approved by the chief executive; and\n- (aa) be made to the chief executive; and\n- (b) include the particulars prescribed under a regulation; and\n- (c) be accompanied by the fee prescribed under a regulation.\n- (a) an applicant for a licence may apply for the condition to be included in the applicant’s licence at any time before the chief executive grants or refuses to grant the licence; and\n- (b) a licensee may apply for the condition to be included in the licensee’s licence at any time.","sortOrder":15},{"sectionNumber":"sec.8","sectionType":"section","heading":"Conversion of wine merchant licence to wine producer licence","content":"### sec.8 Conversion of wine merchant licence to wine producer licence\n\nThis section applies if the holder of a wine merchant licence proposes to conduct a business involving either—\nselling wine made from fruit grown by the holder on the holder’s licensed premises; or\nselling wine made by the holder on the holder’s licensed premises.\nThe holder may apply to the chief executive to convert the holder’s licence to a wine producer licence (a conversion application ).\nThe conversion application must—\nbe in writing; and\ninclude particulars of the business the applicant proposes to conduct.\nThe chief executive may, by written notice, ask the applicant to give further information or documents relevant to the application.\nThe following provisions of this part apply to a conversion application as if the application were an application for a wine producer licence.\nHowever, the chief executive is not obliged to consider whether the applicant is a suitable person to hold a wine producer licence.\nSubsection (5) is subject to any express statement about conversion applications contained in the provisions.\ns 8 prev s 8 om 2001 No. 40 s 7\npres s 8 ins 2008 No. 19 s 7\n(sec.8-ssec.1) This section applies if the holder of a wine merchant licence proposes to conduct a business involving either— selling wine made from fruit grown by the holder on the holder’s licensed premises; or selling wine made by the holder on the holder’s licensed premises.\n(sec.8-ssec.2) The holder may apply to the chief executive to convert the holder’s licence to a wine producer licence (a conversion application ).\n(sec.8-ssec.3) The conversion application must— be in writing; and include particulars of the business the applicant proposes to conduct.\n(sec.8-ssec.4) The chief executive may, by written notice, ask the applicant to give further information or documents relevant to the application.\n(sec.8-ssec.5) The following provisions of this part apply to a conversion application as if the application were an application for a wine producer licence.\n(sec.8-ssec.6) However, the chief executive is not obliged to consider whether the applicant is a suitable person to hold a wine producer licence.\n(sec.8-ssec.7) Subsection (5) is subject to any express statement about conversion applications contained in the provisions.\n- (a) selling wine made from fruit grown by the holder on the holder’s licensed premises; or\n- (b) selling wine made by the holder on the holder’s licensed premises.\n- (a) be in writing; and\n- (b) include particulars of the business the applicant proposes to conduct.","sortOrder":16},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Decision on application","content":"## Decision on application","sortOrder":17},{"sectionNumber":"sec.9","sectionType":"section","heading":"Decision on application","content":"### sec.9 Decision on application\n\nThe chief executive must consider an application for a licence, and the suitability of the applicant to hold a licence, and either grant the licence or refuse to grant the licence.\nIn considering the suitability of the applicant to hold a licence, the chief executive must have regard to, and may make inquiries about—\nthe person’s knowledge and understanding of their obligations under this Act; and\nthe person’s character and standing.\nThe chief executive’s inquiries about an applicant’s suitability may include asking the commissioner of the police service for a written report about the applicant’s criminal history.\nSubsection (2) does not limit the matters to which the chief executive may have regard in considering an application or the suitability of the applicant.\nA wine merchant licence must relate only to 1 premises.\ns 9 amd 2001 No. 40 s 8\n(sec.9-ssec.1) The chief executive must consider an application for a licence, and the suitability of the applicant to hold a licence, and either grant the licence or refuse to grant the licence.\n(sec.9-ssec.2) In considering the suitability of the applicant to hold a licence, the chief executive must have regard to, and may make inquiries about— the person’s knowledge and understanding of their obligations under this Act; and the person’s character and standing. The chief executive’s inquiries about an applicant’s suitability may include asking the commissioner of the police service for a written report about the applicant’s criminal history.\n(sec.9-ssec.3) Subsection (2) does not limit the matters to which the chief executive may have regard in considering an application or the suitability of the applicant.\n(sec.9-ssec.4) A wine merchant licence must relate only to 1 premises.\n- (a) the person’s knowledge and understanding of their obligations under this Act; and\n- (b) the person’s character and standing.","sortOrder":18},{"sectionNumber":"sec.10","sectionType":"section","heading":"Inquiries about applicant’s criminal history","content":"### sec.10 Inquiries about applicant’s criminal history\n\nIf asked by the chief executive, the commissioner of the police service must give the chief executive a written report about an applicant’s criminal history.\nSubsection (1) applies to the criminal history in the commissioner’s possession or to which the commissioner has access.\n(sec.10-ssec.1) If asked by the chief executive, the commissioner of the police service must give the chief executive a written report about an applicant’s criminal history.\n(sec.10-ssec.2) Subsection (1) applies to the criminal history in the commissioner’s possession or to which the commissioner has access.","sortOrder":19},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Grant of licence","content":"## Grant of licence","sortOrder":20},{"sectionNumber":"sec.11","sectionType":"section","heading":"Grant of licence","content":"### sec.11 Grant of licence\n\nThe chief executive may grant a person’s application for a licence only if the chief executive is satisfied—\nfor a wine producer licence—the business the person will conduct under the licence will involve—\nselling wine made from fruit grown by the person on the premises to which the licence will relate; or\nselling wine made by the person on the premises to which the licence will relate; and\nfor a wine merchant licence—the business the person will conduct under the licence is not a business mentioned in paragraph (a) but is a business that will contribute to the Queensland wine industry in a substantial way; and\nthe person is a suitable person to hold a licence; and\na person who will have authority or influence in the conduct of the business, particularly any proposed nominee, is a suitable person; and\nthe premises from which the wine is to be sold or to be provided are suitable for the sale or supply of wine.\nFor subsection (1) (ab) , the business (the wine merchant business ) the person will conduct under a wine merchant licence is not a business mentioned in subsection (1) (a) to the extent a minor part of the wine merchant business will involve selling wine made only from fruit grown, by the person, on the premises to which the person’s wine merchant licence will relate.\nThe chief executive may grant a licence on conditions stated in the licence.\nA licence must state—\nfor a wine producer licence—the premises that are to be the main premises under the licence; and\nfor a wine merchant licence—the premises under the licence.\nHowever, the chief executive must not grant a person’s application for a licence until the business that the person is to conduct under the licence is to include the sale of wine.\nIf the application is a conversion application and the chief executive decides to grant the application, the chief executive must—\ncancel the applicant’s wine merchant licence; and\nissue the applicant with a wine producer licence.\nFor issuing the wine producer licence mentioned in subsection (5) (b) —\nthe premises under the wine merchant licence are the main premises under the wine producer licence; and\nif the wine merchant licence stated that a person was the nominee for the licence, the person is the nominee for the main premises for the wine producer licence and is taken to have been approved under section 14 .\ns 11 amd 2001 No. 40 s 9 ; 2008 No. 19 s 8\n(sec.11-ssec.1) The chief executive may grant a person’s application for a licence only if the chief executive is satisfied— for a wine producer licence—the business the person will conduct under the licence will involve— selling wine made from fruit grown by the person on the premises to which the licence will relate; or selling wine made by the person on the premises to which the licence will relate; and for a wine merchant licence—the business the person will conduct under the licence is not a business mentioned in paragraph (a) but is a business that will contribute to the Queensland wine industry in a substantial way; and the person is a suitable person to hold a licence; and a person who will have authority or influence in the conduct of the business, particularly any proposed nominee, is a suitable person; and the premises from which the wine is to be sold or to be provided are suitable for the sale or supply of wine.\n(sec.11-ssec.1A) For subsection (1) (ab) , the business (the wine merchant business ) the person will conduct under a wine merchant licence is not a business mentioned in subsection (1) (a) to the extent a minor part of the wine merchant business will involve selling wine made only from fruit grown, by the person, on the premises to which the person’s wine merchant licence will relate.\n(sec.11-ssec.2) The chief executive may grant a licence on conditions stated in the licence.\n(sec.11-ssec.3) A licence must state— for a wine producer licence—the premises that are to be the main premises under the licence; and for a wine merchant licence—the premises under the licence.\n(sec.11-ssec.4) However, the chief executive must not grant a person’s application for a licence until the business that the person is to conduct under the licence is to include the sale of wine.\n(sec.11-ssec.5) If the application is a conversion application and the chief executive decides to grant the application, the chief executive must— cancel the applicant’s wine merchant licence; and issue the applicant with a wine producer licence.\n(sec.11-ssec.6) For issuing the wine producer licence mentioned in subsection (5) (b) — the premises under the wine merchant licence are the main premises under the wine producer licence; and if the wine merchant licence stated that a person was the nominee for the licence, the person is the nominee for the main premises for the wine producer licence and is taken to have been approved under section 14 .\n- (a) for a wine producer licence—the business the person will conduct under the licence will involve— (i) selling wine made from fruit grown by the person on the premises to which the licence will relate; or (ii) selling wine made by the person on the premises to which the licence will relate; and\n- (i) selling wine made from fruit grown by the person on the premises to which the licence will relate; or\n- (ii) selling wine made by the person on the premises to which the licence will relate; and\n- (ab) for a wine merchant licence—the business the person will conduct under the licence is not a business mentioned in paragraph (a) but is a business that will contribute to the Queensland wine industry in a substantial way; and\n- (b) the person is a suitable person to hold a licence; and\n- (c) a person who will have authority or influence in the conduct of the business, particularly any proposed nominee, is a suitable person; and\n- (d) the premises from which the wine is to be sold or to be provided are suitable for the sale or supply of wine.\n- (i) selling wine made from fruit grown by the person on the premises to which the licence will relate; or\n- (ii) selling wine made by the person on the premises to which the licence will relate; and\n- (a) for a wine producer licence—the premises that are to be the main premises under the licence; and\n- (b) for a wine merchant licence—the premises under the licence.\n- (a) cancel the applicant’s wine merchant licence; and\n- (b) issue the applicant with a wine producer licence.\n- (a) the premises under the wine merchant licence are the main premises under the wine producer licence; and\n- (b) if the wine merchant licence stated that a person was the nominee for the licence, the person is the nominee for the main premises for the wine producer licence and is taken to have been approved under section 14 .","sortOrder":21},{"sectionNumber":"sec.12","sectionType":"section","heading":"Licensee may hold more than 1 licence","content":"### sec.12 Licensee may hold more than 1 licence\n\nA person may apply for, and hold, more than 1 licence.\nUnder section 13 , if an applicant for a licence is already a licensee, the applicant must apply for another adult to be the nominee for the new licence.\ns 12 amd 2008 No. 19 s 9","sortOrder":22},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Nominees","content":"## Nominees","sortOrder":23},{"sectionNumber":"sec.13","sectionType":"section","heading":"Application for nominee for new licence or existing licence","content":"### sec.13 Application for nominee for new licence or existing licence\n\nThe purpose of this section is to ensure there is an adult responsible for each licence and, if a licence relates to more than 1 place that comprise premises, a responsible individual for each premises to which the licence applies.\nAn applicant for a licence must nominate an adult to be a nominee for the licence if—\nthe applicant is a corporation, already a licensee, or is comprised of more than 1 person whether jointly or in partnership; or\nthe application seeks an approval under section 15 (3) to sell wine at a satellite cellar door.\nAn applicant for a licence, other than an applicant mentioned in subsection (2) , may also nominate an adult to be the nominee for the licence.\nSubsection (5) applies if—\na nominee is required under subsection (2) ; and\nafter the licence is granted, a nominee ceases to perform the role of a nominee; and\nthere is no other nominee relating to the premises.\nThe licensee must apply to nominate another adult as the nominee for the licence relating to the premises.\nSubsections (7) and (8) apply at any time after a licence is granted.\nThe licensee must nominate an adult to be a nominee for the licence if the licensee applies for—\nan approval under section 15 (3) to sell wine at a satellite cellar door; or\nan approval under section 44 (2) to be absent from the management and control of the business for a continuous period of more than 28 days and there is no other nominee for the licence.\nA licensee may apply—\nfor an adult to be the nominee for the licence relating to premises; or\nfor an additional nominee relating to premises if it is a wine producer licence.\nIf a licence states a person is a nominee for a licence relating to a satellite cellar door but not the main premises, the nominee is the nominee for the licence relating to the satellite cellar door stated in the licence.\nAn adult may be nominated—\nas a nominee for a licence relating to more than 1 premises; and\nas a nominee for more than 1 licence.\ns 13 sub 2001 No. 40 s 10\namd 2008 No. 19 s 10\n(sec.13-ssec.1) The purpose of this section is to ensure there is an adult responsible for each licence and, if a licence relates to more than 1 place that comprise premises, a responsible individual for each premises to which the licence applies.\n(sec.13-ssec.2) An applicant for a licence must nominate an adult to be a nominee for the licence if— the applicant is a corporation, already a licensee, or is comprised of more than 1 person whether jointly or in partnership; or the application seeks an approval under section 15 (3) to sell wine at a satellite cellar door.\n(sec.13-ssec.3) An applicant for a licence, other than an applicant mentioned in subsection (2) , may also nominate an adult to be the nominee for the licence.\n(sec.13-ssec.4) Subsection (5) applies if— a nominee is required under subsection (2) ; and after the licence is granted, a nominee ceases to perform the role of a nominee; and there is no other nominee relating to the premises.\n(sec.13-ssec.5) The licensee must apply to nominate another adult as the nominee for the licence relating to the premises.\n(sec.13-ssec.6) Subsections (7) and (8) apply at any time after a licence is granted.\n(sec.13-ssec.7) The licensee must nominate an adult to be a nominee for the licence if the licensee applies for— an approval under section 15 (3) to sell wine at a satellite cellar door; or an approval under section 44 (2) to be absent from the management and control of the business for a continuous period of more than 28 days and there is no other nominee for the licence.\n(sec.13-ssec.8) A licensee may apply— for an adult to be the nominee for the licence relating to premises; or for an additional nominee relating to premises if it is a wine producer licence.\n(sec.13-ssec.9) If a licence states a person is a nominee for a licence relating to a satellite cellar door but not the main premises, the nominee is the nominee for the licence relating to the satellite cellar door stated in the licence.\n(sec.13-ssec.10) An adult may be nominated— as a nominee for a licence relating to more than 1 premises; and as a nominee for more than 1 licence.\n- (a) the applicant is a corporation, already a licensee, or is comprised of more than 1 person whether jointly or in partnership; or\n- (b) the application seeks an approval under section 15 (3) to sell wine at a satellite cellar door.\n- (a) a nominee is required under subsection (2) ; and\n- (b) after the licence is granted, a nominee ceases to perform the role of a nominee; and\n- (c) there is no other nominee relating to the premises.\n- (a) an approval under section 15 (3) to sell wine at a satellite cellar door; or\n- (b) an approval under section 44 (2) to be absent from the management and control of the business for a continuous period of more than 28 days and there is no other nominee for the licence.\n- (a) for an adult to be the nominee for the licence relating to premises; or\n- (b) for an additional nominee relating to premises if it is a wine producer licence.\n- (a) as a nominee for a licence relating to more than 1 premises; and\n- (b) as a nominee for more than 1 licence.","sortOrder":24},{"sectionNumber":"sec.14","sectionType":"section","heading":"Nominees","content":"### sec.14 Nominees\n\nThe chief executive may approve an application under section 13 only if—\nfor a wine producer licence—the nominated person is a suitable person to be a nominee; and\nfor a wine merchant licence—the nominated person is a suitable person to be a nominee and there will not be more than 1 nominee for the licence.\nThe decision whether an adult is a suitable person to be a nominee must be made in the same way as the decision whether a person is a suitable person to hold a licence.\nSee sections 9 and 10 .\nA person approved as a nominee—\nis responsible for ensuring that wine is sold on the licensed premises only as authorised by the licence; and\nis subject to the obligations imposed by this Act on the licensee; and\nis liable as a licensee for an offence against, or any failure to perform obligations imposed by, this Act.\nA nominee’s liability for an offence under this Act does not affect the liability of the licensee for the offence.\ns 14 amd 2001 No. 40 s 11\n(sec.14-ssec.1) The chief executive may approve an application under section 13 only if— for a wine producer licence—the nominated person is a suitable person to be a nominee; and for a wine merchant licence—the nominated person is a suitable person to be a nominee and there will not be more than 1 nominee for the licence.\n(sec.14-ssec.2) The decision whether an adult is a suitable person to be a nominee must be made in the same way as the decision whether a person is a suitable person to hold a licence. See sections 9 and 10 .\n(sec.14-ssec.3) A person approved as a nominee— is responsible for ensuring that wine is sold on the licensed premises only as authorised by the licence; and is subject to the obligations imposed by this Act on the licensee; and is liable as a licensee for an offence against, or any failure to perform obligations imposed by, this Act.\n(sec.14-ssec.4) A nominee’s liability for an offence under this Act does not affect the liability of the licensee for the offence.\n- (a) for a wine producer licence—the nominated person is a suitable person to be a nominee; and\n- (b) for a wine merchant licence—the nominated person is a suitable person to be a nominee and there will not be more than 1 nominee for the licence.\n- (a) is responsible for ensuring that wine is sold on the licensed premises only as authorised by the licence; and\n- (b) is subject to the obligations imposed by this Act on the licensee; and\n- (c) is liable as a licensee for an offence against, or any failure to perform obligations imposed by, this Act.","sortOrder":25},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Authority under licence","content":"## Authority under licence","sortOrder":26},{"sectionNumber":"sec.15","sectionType":"section","heading":"Authority under wine producer licence","content":"### sec.15 Authority under wine producer licence\n\nA wine producer licence authorises the licensee—\nto sell the licensee’s wine in sealed containers for consumption off the licensed premises; and\nto sell or give the licensee’s wine as a sample for consumption on the licensed premises.\nThe chief executive may allow the licensee, as a condition of the licence, to sell the licensee’s wine, other than as a sample, for consumption on the licensed premises.\nThe chief executive may allow the licensee, as a condition of the licence, to sell or give the licensee’s wine on other premises (a satellite cellar door ) approved by the chief executive for the sale of the licensee’s wine under authority of the licence—\nas a sample for consumption at the satellite cellar door; or\nother than as a sample, for consumption at the satellite cellar door; or\nfor consumption away from the satellite cellar door.\nThe chief executive may allow the licensee, as a condition of the licence, to sell wine, other than the licensee’s wine—\nfor consumption on the licensed premises; and\nfor consumption off the licensed premises but only if the sale is in the amounts, and in the circumstances, prescribed under a regulation.\nHowever, the total amount of wine sold by a licensee under subsection (3A) in a financial year must not be more than the total amount of the licensee’s wine sold by the licensee in the year.\nIn deciding whether to allow the licensee to sell the licensee’s wine under subsection (2) , the chief executive must have regard to the suitability of the premises for the purpose.\nIn deciding whether to approve premises as a satellite cellar door, the chief executive must have regard to—\nthe suitability of the premises for the purpose; and\nthe location of the premises in relation to the main premises; and\nthe ability of the licensee to control the premises; and\nthe types of business activities being conducted at the premises; and\nthe number of satellite cellar doors already approved for the licensee’s licence; and\nother matters prescribed by regulation.\nIf, on a conversion application, the chief executive issues a wine producer licence to the applicant under section 11 (5) (b) , the chief executive must include the condition mentioned in subsection (3A) on the licence.\ns 15 amd 2001 No. 40 s 12 ; 2008 No. 19 s 11\n(sec.15-ssec.1) A wine producer licence authorises the licensee— to sell the licensee’s wine in sealed containers for consumption off the licensed premises; and to sell or give the licensee’s wine as a sample for consumption on the licensed premises.\n(sec.15-ssec.2) The chief executive may allow the licensee, as a condition of the licence, to sell the licensee’s wine, other than as a sample, for consumption on the licensed premises.\n(sec.15-ssec.3) The chief executive may allow the licensee, as a condition of the licence, to sell or give the licensee’s wine on other premises (a satellite cellar door ) approved by the chief executive for the sale of the licensee’s wine under authority of the licence— as a sample for consumption at the satellite cellar door; or other than as a sample, for consumption at the satellite cellar door; or for consumption away from the satellite cellar door.\n(sec.15-ssec.3A) The chief executive may allow the licensee, as a condition of the licence, to sell wine, other than the licensee’s wine— for consumption on the licensed premises; and for consumption off the licensed premises but only if the sale is in the amounts, and in the circumstances, prescribed under a regulation.\n(sec.15-ssec.3B) However, the total amount of wine sold by a licensee under subsection (3A) in a financial year must not be more than the total amount of the licensee’s wine sold by the licensee in the year.\n(sec.15-ssec.4) In deciding whether to allow the licensee to sell the licensee’s wine under subsection (2) , the chief executive must have regard to the suitability of the premises for the purpose.\n(sec.15-ssec.5) In deciding whether to approve premises as a satellite cellar door, the chief executive must have regard to— the suitability of the premises for the purpose; and the location of the premises in relation to the main premises; and the ability of the licensee to control the premises; and the types of business activities being conducted at the premises; and the number of satellite cellar doors already approved for the licensee’s licence; and other matters prescribed by regulation.\n(sec.15-ssec.6) If, on a conversion application, the chief executive issues a wine producer licence to the applicant under section 11 (5) (b) , the chief executive must include the condition mentioned in subsection (3A) on the licence.\n- (a) to sell the licensee’s wine in sealed containers for consumption off the licensed premises; and\n- (b) to sell or give the licensee’s wine as a sample for consumption on the licensed premises.\n- (a) as a sample for consumption at the satellite cellar door; or\n- (b) other than as a sample, for consumption at the satellite cellar door; or\n- (c) for consumption away from the satellite cellar door.\n- (a) for consumption on the licensed premises; and\n- (b) for consumption off the licensed premises but only if the sale is in the amounts, and in the circumstances, prescribed under a regulation.\n- (a) the suitability of the premises for the purpose; and\n- (b) the location of the premises in relation to the main premises; and\n- (c) the ability of the licensee to control the premises; and\n- (d) the types of business activities being conducted at the premises; and\n- (e) the number of satellite cellar doors already approved for the licensee’s licence; and\n- (f) other matters prescribed by regulation.","sortOrder":27},{"sectionNumber":"sec.16","sectionType":"section","heading":"Authority under wine merchant licence","content":"### sec.16 Authority under wine merchant licence\n\nA wine merchant licence authorises the licensee—\nto sell wine on the licensed premises in sealed containers for consumption off the licensed premises; and\nto sell or give wine on the licensed premises as a sample for consumption on the licensed premises.\nThe chief executive may allow the licensee, as a condition of the licence, to sell wine on the licensed premises, other than as a sample, for consumption on the licensed premises.\nIn deciding whether to allow the licensee to sell wine under subsection (2) , the chief executive must have regard to the suitability of the licensed premises for the purpose.\ns 16 sub 2001 No. 40 s 13\n(sec.16-ssec.1) A wine merchant licence authorises the licensee— to sell wine on the licensed premises in sealed containers for consumption off the licensed premises; and to sell or give wine on the licensed premises as a sample for consumption on the licensed premises.\n(sec.16-ssec.2) The chief executive may allow the licensee, as a condition of the licence, to sell wine on the licensed premises, other than as a sample, for consumption on the licensed premises.\n(sec.16-ssec.3) In deciding whether to allow the licensee to sell wine under subsection (2) , the chief executive must have regard to the suitability of the licensed premises for the purpose.\n- (a) to sell wine on the licensed premises in sealed containers for consumption off the licensed premises; and\n- (b) to sell or give wine on the licensed premises as a sample for consumption on the licensed premises.","sortOrder":28},{"sectionNumber":"sec.17","sectionType":"section","heading":"Labelling of sealed container","content":"### sec.17 Labelling of sealed container\n\nIf a licensee sells wine in a sealed container, the licensee must ensure the container has a label stating the matters required under a regulation.\nMaximum penalty—40 penalty units.\ns 17 sub 2001 No. 40 s 13","sortOrder":29},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Trading hours authorised by licence","content":"## Trading hours authorised by licence","sortOrder":30},{"sectionNumber":"sec.18","sectionType":"section","heading":"Ordinary trading hours","content":"### sec.18 Ordinary trading hours\n\nA licence authorises the licensee to sell wine on the licensed premises for the licence—\nbetween 8a.m. and midnight on any day other than Christmas Day, Good Friday and Anzac Day; and\nbetween 1p.m. and midnight on Anzac Day.\nA licensee may sell wine on the licensed premises on Christmas Day or Good Friday, or before 1.00p.m. on Anzac Day, only if authorised under section 19 .\ns 18 amd 1997 No. 81 s 3 sch\nsub 2001 No. 40 s 14\namd 2008 No. 19 s 12\n(sec.18-ssec.1) A licence authorises the licensee to sell wine on the licensed premises for the licence— between 8a.m. and midnight on any day other than Christmas Day, Good Friday and Anzac Day; and between 1p.m. and midnight on Anzac Day.\n(sec.18-ssec.2) A licensee may sell wine on the licensed premises on Christmas Day or Good Friday, or before 1.00p.m. on Anzac Day, only if authorised under section 19 .\n- (a) between 8a.m. and midnight on any day other than Christmas Day, Good Friday and Anzac Day; and\n- (b) between 1p.m. and midnight on Anzac Day.","sortOrder":31},{"sectionNumber":"sec.19","sectionType":"section","heading":"Extended trading hours","content":"### sec.19 Extended trading hours\n\nA licensee may apply to the chief executive to extend the trading hours during which a licensee is authorised to sell wine on the licensed premises, including, for example, the sale of the wine on Christmas Day or Good Friday, or before 1.00p.m. on Anzac Day.\nIf the chief executive grants the application the licensee is authorised to sell wine during the times, and on the conditions, approved by the chief executive.\nIf the chief executive considers that the licence should be endorsed with the new trading hours, the chief executive may require the licensee to produce the licence for endorsement.\ns 19 amd 1997 No. 81 s 3 sch ; 2001 No. 40 s 3 sch\n(sec.19-ssec.1) A licensee may apply to the chief executive to extend the trading hours during which a licensee is authorised to sell wine on the licensed premises, including, for example, the sale of the wine on Christmas Day or Good Friday, or before 1.00p.m. on Anzac Day.\n(sec.19-ssec.2) If the chief executive grants the application the licensee is authorised to sell wine during the times, and on the conditions, approved by the chief executive.\n(sec.19-ssec.3) If the chief executive considers that the licence should be endorsed with the new trading hours, the chief executive may require the licensee to produce the licence for endorsement.","sortOrder":32},{"sectionNumber":"sec.20","sectionType":"section","heading":"Additional time for consumption of wine","content":"### sec.20 Additional time for consumption of wine\n\nIf a licence authorises a licensee to sell wine for consumption on the licensed premises, the licence also authorises a person to consume the wine, received from the licensee during the authorised trading hours, on the premises for 30 minutes after the end of the trading hours.\ns 20 amd 2001 No. 40 s 15","sortOrder":33},{"sectionNumber":"pt.2-div.7","sectionType":"division","heading":"Transfer of licences and interim licences","content":"## Transfer of licences and interim licences","sortOrder":34},{"sectionNumber":"sec.21","sectionType":"section","heading":"Application for transfer of licence","content":"### sec.21 Application for transfer of licence\n\nThe current licensee and the proposed licensee may apply to the chief executive to transfer the licence to the proposed licensee.\nHowever, if the current licensee is not the owner of the main premises, the owner of the premises must agree to the transfer.\nIf the licensee has deserted or no longer has lawful possession of the main premises, the chief executive may transfer a licence on the application of the owner of the premises and the proposed licensee or, if the owner is the proposed licensee, the owner alone.\nIf a mortgagee is in lawful possession of the main premises, the chief executive may transfer a licence on the application of the mortgagee and the proposed licensee or, if the mortgagee is the proposed licensee, the mortgagee alone.\n(sec.21-ssec.1) The current licensee and the proposed licensee may apply to the chief executive to transfer the licence to the proposed licensee.\n(sec.21-ssec.2) However, if the current licensee is not the owner of the main premises, the owner of the premises must agree to the transfer.\n(sec.21-ssec.3) If the licensee has deserted or no longer has lawful possession of the main premises, the chief executive may transfer a licence on the application of the owner of the premises and the proposed licensee or, if the owner is the proposed licensee, the owner alone.\n(sec.21-ssec.4) If a mortgagee is in lawful possession of the main premises, the chief executive may transfer a licence on the application of the mortgagee and the proposed licensee or, if the mortgagee is the proposed licensee, the mortgagee alone.","sortOrder":35},{"sectionNumber":"sec.22","sectionType":"section","heading":"Chief executive’s responsibility on application for transfer of licence","content":"### sec.22 Chief executive’s responsibility on application for transfer of licence\n\nThe chief executive must deal with an application for the transfer of a licence as if the proposed transferee were an applicant for a licence.\nThe chief executive may transfer the licence only if the proposed transferee is a person to whom a licence could be granted.\nThe chief executive may only approve the application if the requirements of relevant sections of this Act have been complied with, including, for example, sections 9 , 11 , 12 and 13 .\nOn the transfer of the licence, the transferee becomes the licensee and—\nhas the authority given by the licence to the licensee; and\nis subject to the obligations imposed by this Act and the licence on the licensee.\n(sec.22-ssec.1) The chief executive must deal with an application for the transfer of a licence as if the proposed transferee were an applicant for a licence.\n(sec.22-ssec.2) The chief executive may transfer the licence only if the proposed transferee is a person to whom a licence could be granted. The chief executive may only approve the application if the requirements of relevant sections of this Act have been complied with, including, for example, sections 9 , 11 , 12 and 13 .\n(sec.22-ssec.3) On the transfer of the licence, the transferee becomes the licensee and— has the authority given by the licence to the licensee; and is subject to the obligations imposed by this Act and the licence on the licensee.\n- (a) has the authority given by the licence to the licensee; and\n- (b) is subject to the obligations imposed by this Act and the licence on the licensee.","sortOrder":36},{"sectionNumber":"sec.23","sectionType":"section","heading":"Licence cannot be transferred if fees payable","content":"### sec.23 Licence cannot be transferred if fees payable\n\nThe chief executive may transfer a licence only if all fees payable under this Act for the licence have been paid in full.","sortOrder":37},{"sectionNumber":"sec.24","sectionType":"section","heading":"Application for interim licence","content":"### sec.24 Application for interim licence\n\nThe following persons may apply to the chief executive for an interim licence to conduct the business of a licensee on licensed premises—\nif a licensee is dead—a person entitled to be appointed as the legal personal representative of the deceased licensee;\nif the licensee is bankrupt or has taken advantage of the laws of bankruptcy—a person in possession of the licensed premises who is entitled to administer the affairs of the licensee;\nif the licensee is a corporation—a person in possession of the licensed premises who has been appointed to manage or wind-up the affairs of the licensee;\na guardian of a licensee or an administrator or manager of the estate of a licensee.\nThe chief executive may grant an interim licence only if the chief executive is satisfied that the person is a suitable person to hold the interim licence.\nThe decision whether an adult or a corporation is a suitable person to hold an interim licence must be made in the same way as the decision as to whether a person is a suitable person to hold a licence.\nThe chief executive may grant an interim licence—\nfor a term, not longer than 1 year, the chief executive considers reasonable in the circumstances; and\nsubject to the conditions stated in the interim licence.\nA person to whom an interim licence is granted has the authority given by, and is subject to the obligations imposed by, this Act and the licence as if the person were the licensee.\n(sec.24-ssec.1) The following persons may apply to the chief executive for an interim licence to conduct the business of a licensee on licensed premises— if a licensee is dead—a person entitled to be appointed as the legal personal representative of the deceased licensee; if the licensee is bankrupt or has taken advantage of the laws of bankruptcy—a person in possession of the licensed premises who is entitled to administer the affairs of the licensee; if the licensee is a corporation—a person in possession of the licensed premises who has been appointed to manage or wind-up the affairs of the licensee; a guardian of a licensee or an administrator or manager of the estate of a licensee.\n(sec.24-ssec.2) The chief executive may grant an interim licence only if the chief executive is satisfied that the person is a suitable person to hold the interim licence.\n(sec.24-ssec.3) The decision whether an adult or a corporation is a suitable person to hold an interim licence must be made in the same way as the decision as to whether a person is a suitable person to hold a licence.\n(sec.24-ssec.4) The chief executive may grant an interim licence— for a term, not longer than 1 year, the chief executive considers reasonable in the circumstances; and subject to the conditions stated in the interim licence.\n(sec.24-ssec.5) A person to whom an interim licence is granted has the authority given by, and is subject to the obligations imposed by, this Act and the licence as if the person were the licensee.\n- (a) if a licensee is dead—a person entitled to be appointed as the legal personal representative of the deceased licensee;\n- (b) if the licensee is bankrupt or has taken advantage of the laws of bankruptcy—a person in possession of the licensed premises who is entitled to administer the affairs of the licensee;\n- (c) if the licensee is a corporation—a person in possession of the licensed premises who has been appointed to manage or wind-up the affairs of the licensee;\n- (d) a guardian of a licensee or an administrator or manager of the estate of a licensee.\n- (a) for a term, not longer than 1 year, the chief executive considers reasonable in the circumstances; and\n- (b) subject to the conditions stated in the interim licence.","sortOrder":38},{"sectionNumber":"pt.2-div.8","sectionType":"division","heading":"Advertising","content":"## Advertising","sortOrder":39},{"sectionNumber":"sec.25","sectionType":"section","heading":"Advertisement of applications","content":"### sec.25 Advertisement of applications\n\nThe chief executive must decide whether an applicant should be required to advertise an application made under this Act having regard to—\nwhether members of the public, in the area of the State to which the application relates, are likely to be affected by, or concerned about, the grant of the application; and\nwhether the application is required to be advertised as part of another process, for example, an application for planning approval; and\nany other matters prescribed under a regulation.\nIf the chief executive decides the application should be advertised, the application must be advertised in the way prescribed under a regulation.\nThis section does not apply to an application under the following sections—\nsection 13 (Application for nominee for new licence or existing licence)\nsection 21 (Application for transfer of licence)\nsection 24 (Application for interim licence).\ns 25 amd 2001 No. 40 s 3 sch ; 2008 No. 19 s 13\n(sec.25-ssec.1) The chief executive must decide whether an applicant should be required to advertise an application made under this Act having regard to— whether members of the public, in the area of the State to which the application relates, are likely to be affected by, or concerned about, the grant of the application; and whether the application is required to be advertised as part of another process, for example, an application for planning approval; and any other matters prescribed under a regulation.\n(sec.25-ssec.2) If the chief executive decides the application should be advertised, the application must be advertised in the way prescribed under a regulation.\n(sec.25-ssec.3) This section does not apply to an application under the following sections— section 13 (Application for nominee for new licence or existing licence) section 21 (Application for transfer of licence) section 24 (Application for interim licence).\n- (a) whether members of the public, in the area of the State to which the application relates, are likely to be affected by, or concerned about, the grant of the application; and\n- (b) whether the application is required to be advertised as part of another process, for example, an application for planning approval; and\n- (c) any other matters prescribed under a regulation.\n- • section 13 (Application for nominee for new licence or existing licence)\n- • section 21 (Application for transfer of licence)\n- • section 24 (Application for interim licence).","sortOrder":40},{"sectionNumber":"sec.26","sectionType":"section","heading":"Submissions about an application","content":"### sec.26 Submissions about an application\n\nWritten submissions may be made to the chief executive objecting to the granting of an application required to be advertised under section 25 .\nA regulation may prescribe the following matters—\nwho may make a submission;\nhow a submission may be made;\nwhen a submission is to be made;\nthe grounds on which a submission may be made;\nthe procedure to be followed by the chief executive in considering a submission;\nthe matters to which the chief executive must have regard in deciding an application.\ns 26 amd 2001 No. 40 s 3 sch ; 2008 No. 19 s 14\n(sec.26-ssec.1) Written submissions may be made to the chief executive objecting to the granting of an application required to be advertised under section 25 .\n(sec.26-ssec.2) A regulation may prescribe the following matters— who may make a submission; how a submission may be made; when a submission is to be made; the grounds on which a submission may be made; the procedure to be followed by the chief executive in considering a submission; the matters to which the chief executive must have regard in deciding an application.\n- (a) who may make a submission;\n- (b) how a submission may be made;\n- (c) when a submission is to be made;\n- (d) the grounds on which a submission may be made;\n- (e) the procedure to be followed by the chief executive in considering a submission;\n- (f) the matters to which the chief executive must have regard in deciding an application.","sortOrder":41},{"sectionNumber":"pt.2-div.9","sectionType":"division","heading":"Variation, suspension, cancellation or surrender of licence","content":"## Variation, suspension, cancellation or surrender of licence","sortOrder":42},{"sectionNumber":"sec.27","sectionType":"section","heading":"Grounds for variation, suspension or cancellation","content":"### sec.27 Grounds for variation, suspension or cancellation\n\nEach of the following is a ground for the variation, suspension or cancellation of a licence—\nthe licence was obtained because of incorrect or misleading information;\nthe licensee or a nominee has contravened a condition of the licence;\nthe licensee or a nominee has committed an offence against this Act or the Liquor Act about the sale of wine;\nthe licensee is not, or is no longer, a suitable person to be a licensee;\nthe licensee has ceased to conduct the business of selling wine;\nfor a wine merchant licence—the licensee is not conducting, or no longer conducts, a business that contributes to the Queensland wine industry in a substantial way.\nApart from this division, a licence is suspended, and may be cancelled, under section 54 because fees are not paid when payable.\nThe decision whether a person is a suitable person to continue to be a licensee must be made in the same way as the decision whether a person is a suitable person to hold a licence.\nIf the holder of a wine producer licence ceases to conduct the business of selling wine because of a natural disaster, subsection (1) (e) does not apply for 12 months after the cessation.\ncrop destruction because of fire, hail, flood, drought, insect infestation or disease\nThe chief executive may extend the period under subsection (3) by not more than 12 months if the chief executive is satisfied there are special circumstances for the wine producer not having wine available to sell including, for example, adverse weather conditions for growing the fruit from which the wine is to be made.\ns 27 amd 2001 No. 40 s 16 ; 2008 No. 19 s 15\n(sec.27-ssec.1) Each of the following is a ground for the variation, suspension or cancellation of a licence— the licence was obtained because of incorrect or misleading information; the licensee or a nominee has contravened a condition of the licence; the licensee or a nominee has committed an offence against this Act or the Liquor Act about the sale of wine; the licensee is not, or is no longer, a suitable person to be a licensee; the licensee has ceased to conduct the business of selling wine; for a wine merchant licence—the licensee is not conducting, or no longer conducts, a business that contributes to the Queensland wine industry in a substantial way. Apart from this division, a licence is suspended, and may be cancelled, under section 54 because fees are not paid when payable.\n(sec.27-ssec.2) The decision whether a person is a suitable person to continue to be a licensee must be made in the same way as the decision whether a person is a suitable person to hold a licence.\n(sec.27-ssec.3) If the holder of a wine producer licence ceases to conduct the business of selling wine because of a natural disaster, subsection (1) (e) does not apply for 12 months after the cessation. crop destruction because of fire, hail, flood, drought, insect infestation or disease\n(sec.27-ssec.4) The chief executive may extend the period under subsection (3) by not more than 12 months if the chief executive is satisfied there are special circumstances for the wine producer not having wine available to sell including, for example, adverse weather conditions for growing the fruit from which the wine is to be made.\n- (a) the licence was obtained because of incorrect or misleading information;\n- (b) the licensee or a nominee has contravened a condition of the licence;\n- (c) the licensee or a nominee has committed an offence against this Act or the Liquor Act about the sale of wine;\n- (d) the licensee is not, or is no longer, a suitable person to be a licensee;\n- (e) the licensee has ceased to conduct the business of selling wine;\n- (f) for a wine merchant licence—the licensee is not conducting, or no longer conducts, a business that contributes to the Queensland wine industry in a substantial way.","sortOrder":43},{"sectionNumber":"sec.28","sectionType":"section","heading":"Procedure for variation, suspension or cancellation","content":"### sec.28 Procedure for variation, suspension or cancellation\n\nIf the chief executive believes that a ground exists to vary, suspend or cancel a licence (the proposed action ), the chief executive must give the licensee a written notice that—\nstates the proposed action; and\nstates the grounds for the proposed action; and\noutlines the facts and circumstances forming the basis for the chief executive’s belief; and\nif the proposed action is to vary a condition of the licence—states the proposed variation; and\nif the proposed action is to suspend the licence—states the proposed suspension period; and\ninvites the licensee to show, within a stated time of at least 28 days, why the proposed action should not take place.\nIf, after considering all representations made within the stated time, the chief executive still believes a ground exists to vary, suspend or cancel the licence, the chief executive may—\nif the proposed action is to vary a condition of the licence—vary the condition in the way proposed; or\nif the proposed action is to suspend the licence for a stated period—suspend the licence for the stated period or a shorter period; or\nif the proposed action is to cancel the licence—cancel the licence, suspend the licence for a period or vary a condition of the licence.\nThe chief executive must inform the licensee of the decision by written notice.\nIf the chief executive decides to vary, suspend or cancel a licence, the notice must comply with the QCAT Act , section 157 (2) .\nThe decision takes effect on the later of the following—\non the day the notice is given to the licensee;\nthe day stated in the notice.\ns 28 amd 2008 No. 19 s 16 ; 2009 No. 24 s 868\n(sec.28-ssec.1) If the chief executive believes that a ground exists to vary, suspend or cancel a licence (the proposed action ), the chief executive must give the licensee a written notice that— states the proposed action; and states the grounds for the proposed action; and outlines the facts and circumstances forming the basis for the chief executive’s belief; and if the proposed action is to vary a condition of the licence—states the proposed variation; and if the proposed action is to suspend the licence—states the proposed suspension period; and invites the licensee to show, within a stated time of at least 28 days, why the proposed action should not take place.\n(sec.28-ssec.2) If, after considering all representations made within the stated time, the chief executive still believes a ground exists to vary, suspend or cancel the licence, the chief executive may— if the proposed action is to vary a condition of the licence—vary the condition in the way proposed; or if the proposed action is to suspend the licence for a stated period—suspend the licence for the stated period or a shorter period; or if the proposed action is to cancel the licence—cancel the licence, suspend the licence for a period or vary a condition of the licence.\n(sec.28-ssec.3) The chief executive must inform the licensee of the decision by written notice.\n(sec.28-ssec.4) If the chief executive decides to vary, suspend or cancel a licence, the notice must comply with the QCAT Act , section 157 (2) .\n(sec.28-ssec.5) The decision takes effect on the later of the following— on the day the notice is given to the licensee; the day stated in the notice.\n- (a) states the proposed action; and\n- (b) states the grounds for the proposed action; and\n- (c) outlines the facts and circumstances forming the basis for the chief executive’s belief; and\n- (d) if the proposed action is to vary a condition of the licence—states the proposed variation; and\n- (e) if the proposed action is to suspend the licence—states the proposed suspension period; and\n- (f) invites the licensee to show, within a stated time of at least 28 days, why the proposed action should not take place.\n- (a) if the proposed action is to vary a condition of the licence—vary the condition in the way proposed; or\n- (b) if the proposed action is to suspend the licence for a stated period—suspend the licence for the stated period or a shorter period; or\n- (c) if the proposed action is to cancel the licence—cancel the licence, suspend the licence for a period or vary a condition of the licence.\n- (a) on the day the notice is given to the licensee;\n- (b) the day stated in the notice.","sortOrder":44},{"sectionNumber":"sec.29","sectionType":"section","heading":"Effect of suspension","content":"### sec.29 Effect of suspension\n\nIf a licence is suspended by the chief executive, the licence ceases to be in force for the period of the suspension.","sortOrder":45},{"sectionNumber":"sec.30","sectionType":"section","heading":"Licensee may surrender","content":"### sec.30 Licensee may surrender\n\nA licensee may surrender a licence to the chief executive at any time.\nHowever, if the licensee is not the owner of the main premises the licensee must obtain the owner’s agreement before surrendering the licence.\ns 30 amd 2001 No. 40 s 3 sch\n(sec.30-ssec.1) A licensee may surrender a licence to the chief executive at any time.\n(sec.30-ssec.2) However, if the licensee is not the owner of the main premises the licensee must obtain the owner’s agreement before surrendering the licence.","sortOrder":46},{"sectionNumber":"sec.31","sectionType":"section","heading":"Compensation not payable","content":"### sec.31 Compensation not payable\n\nCompensation is not payable to any person because the chief executive—\nvaries a licence condition without agreement; or\nsuspends or cancels a licence; or\naccepts the surrender of a licence.\n- (a) varies a licence condition without agreement; or\n- (b) suspends or cancels a licence; or\n- (c) accepts the surrender of a licence.","sortOrder":47},{"sectionNumber":"sec.31A","sectionType":"section","heading":"Definition for div 10","content":"### sec.31A Definition for div 10\n\ns 31A ins 2001 No. 40 s 17\nom 2008 No. 19 s 17","sortOrder":48},{"sectionNumber":"pt.2-div.10","sectionType":"division","heading":"Permits","content":"## Permits","sortOrder":49},{"sectionNumber":"sec.32","sectionType":"section","heading":"Permits to promote particular wineries or regions","content":"### sec.32 Permits to promote particular wineries or regions\n\nA licensee may apply to the chief executive for a permit.\nThe chief executive may grant a permit only if the chief executive—\nis satisfied the purpose of the permit is to promote a particular winery or region; and\nreasonably considers it is more important for wine to be sold under a permit instead of a licence because the purpose of the permit is to sell the licensee’s wine—\nat a single event; or\nat more than 1 event if the events are of the same type and held at the same place.\nA permit authorises the licensee stated in the permit—\nto sell the licensee’s wine in sealed containers, at the permit place stated in the permit, for consumption away from the permit place; and\nto sell or give the licensee’s wine as a sample for consumption at the permit place.\nThe permit is subject to the conditions stated in the permit.\nA group of licensees may also apply for a permit other than a permit mentioned in subsection (2) (b) (ii) .\nIf a group of licensees applies for a permit—\neach licensee whose wine is to be sold at the proposed permit place must agree to the permit; and\n1 licensee must be nominated as the holder of the permit.\nThe agreement of a licensee under subsection (6) (a) is taken to be an appointment of each of the other licensees applying for the permit as nominees for the licensee.\nA permit granted to a group of licensees authorises the licensees stated in the permit—\nto sell the licensees’ wine in sealed containers, at the permit place stated in the permit, for consumption away from the permit place; and\nto sell or give the licensees’ wine as a sample for consumption at the permit place.\ns 32 amd 2001 No. 40 s 18 ; 2008 No. 19 s 18\n(sec.32-ssec.1) A licensee may apply to the chief executive for a permit.\n(sec.32-ssec.2) The chief executive may grant a permit only if the chief executive— is satisfied the purpose of the permit is to promote a particular winery or region; and reasonably considers it is more important for wine to be sold under a permit instead of a licence because the purpose of the permit is to sell the licensee’s wine— at a single event; or at more than 1 event if the events are of the same type and held at the same place.\n(sec.32-ssec.3) A permit authorises the licensee stated in the permit— to sell the licensee’s wine in sealed containers, at the permit place stated in the permit, for consumption away from the permit place; and to sell or give the licensee’s wine as a sample for consumption at the permit place.\n(sec.32-ssec.4) The permit is subject to the conditions stated in the permit.\n(sec.32-ssec.5) A group of licensees may also apply for a permit other than a permit mentioned in subsection (2) (b) (ii) .\n(sec.32-ssec.6) If a group of licensees applies for a permit— each licensee whose wine is to be sold at the proposed permit place must agree to the permit; and 1 licensee must be nominated as the holder of the permit.\n(sec.32-ssec.7) The agreement of a licensee under subsection (6) (a) is taken to be an appointment of each of the other licensees applying for the permit as nominees for the licensee.\n(sec.32-ssec.8) A permit granted to a group of licensees authorises the licensees stated in the permit— to sell the licensees’ wine in sealed containers, at the permit place stated in the permit, for consumption away from the permit place; and to sell or give the licensees’ wine as a sample for consumption at the permit place.\n- (a) is satisfied the purpose of the permit is to promote a particular winery or region; and\n- (b) reasonably considers it is more important for wine to be sold under a permit instead of a licence because the purpose of the permit is to sell the licensee’s wine— (i) at a single event; or (ii) at more than 1 event if the events are of the same type and held at the same place.\n- (i) at a single event; or\n- (ii) at more than 1 event if the events are of the same type and held at the same place.\n- (i) at a single event; or\n- (ii) at more than 1 event if the events are of the same type and held at the same place.\n- (a) to sell the licensee’s wine in sealed containers, at the permit place stated in the permit, for consumption away from the permit place; and\n- (b) to sell or give the licensee’s wine as a sample for consumption at the permit place.\n- (a) each licensee whose wine is to be sold at the proposed permit place must agree to the permit; and\n- (b) 1 licensee must be nominated as the holder of the permit.\n- (a) to sell the licensees’ wine in sealed containers, at the permit place stated in the permit, for consumption away from the permit place; and\n- (b) to sell or give the licensees’ wine as a sample for consumption at the permit place.","sortOrder":50},{"sectionNumber":"sec.32A","sectionType":"section","heading":"Approval to notify chief executive of event","content":"### sec.32A Approval to notify chief executive of event\n\nThis section applies to a licensee who, on more than 1 occasion—\nhas been granted a permit under section 32 ; and\nhas complied with the conditions of the permit.\nThe licensee may apply to the chief executive for approval to merely notify the chief executive if—\nthe licensee again proposes to sell the licensee’s wine, or give the wine as a sample, at an event for which a permit could be granted under section 32 ; and\nthe event is a private event.\nThe chief executive may grant the approval only if the chief executive is satisfied of the matters mentioned in subsection (1) .\nAn approval—\napplies only to a private event; and\nauthorises the licensee stated in the approval—\nto sell the licensee’s wine in sealed containers, at the place stated in the notification for the event, for consumption away from the place; and\nto sell or give the licensee’s wine as a sample for consumption at the place; and\nis subject to the conditions stated in the approval.\ns 32A ins 2008 No. 19 s 19\n(sec.32A-ssec.1) This section applies to a licensee who, on more than 1 occasion— has been granted a permit under section 32 ; and has complied with the conditions of the permit.\n(sec.32A-ssec.2) The licensee may apply to the chief executive for approval to merely notify the chief executive if— the licensee again proposes to sell the licensee’s wine, or give the wine as a sample, at an event for which a permit could be granted under section 32 ; and the event is a private event.\n(sec.32A-ssec.3) The chief executive may grant the approval only if the chief executive is satisfied of the matters mentioned in subsection (1) .\n(sec.32A-ssec.4) An approval— applies only to a private event; and authorises the licensee stated in the approval— to sell the licensee’s wine in sealed containers, at the place stated in the notification for the event, for consumption away from the place; and to sell or give the licensee’s wine as a sample for consumption at the place; and is subject to the conditions stated in the approval.\n- (a) has been granted a permit under section 32 ; and\n- (b) has complied with the conditions of the permit.\n- (a) the licensee again proposes to sell the licensee’s wine, or give the wine as a sample, at an event for which a permit could be granted under section 32 ; and\n- (b) the event is a private event.\n- (a) applies only to a private event; and\n- (b) authorises the licensee stated in the approval— (i) to sell the licensee’s wine in sealed containers, at the place stated in the notification for the event, for consumption away from the place; and (ii) to sell or give the licensee’s wine as a sample for consumption at the place; and\n- (i) to sell the licensee’s wine in sealed containers, at the place stated in the notification for the event, for consumption away from the place; and\n- (ii) to sell or give the licensee’s wine as a sample for consumption at the place; and\n- (c) is subject to the conditions stated in the approval.\n- (i) to sell the licensee’s wine in sealed containers, at the place stated in the notification for the event, for consumption away from the place; and\n- (ii) to sell or give the licensee’s wine as a sample for consumption at the place; and","sortOrder":51},{"sectionNumber":"sec.32B","sectionType":"section","heading":"Notification of event","content":"### sec.32B Notification of event\n\nA notification given under an approval must—\nstate the time, date and place of the private event; and\nbe given to the chief executive at least 7 days before the event.\nA licensee granted an approval under section 32A is not required to hold a permit under section 32 for an event for which the licensee has given the chief executive a notification under subsection (1) .\nFor part 3 and section 49 (3) (b) and (c) of this Act—\na notification under subsection (1) , for a private event, is taken to be a permit for the event; and\nthe place stated in the notification for the event is taken to be the permit place stated in the permit.\ns 32B ins 2008 No. 19 s 19\n(sec.32B-ssec.1) A notification given under an approval must— state the time, date and place of the private event; and be given to the chief executive at least 7 days before the event.\n(sec.32B-ssec.2) A licensee granted an approval under section 32A is not required to hold a permit under section 32 for an event for which the licensee has given the chief executive a notification under subsection (1) .\n(sec.32B-ssec.3) For part 3 and section 49 (3) (b) and (c) of this Act— a notification under subsection (1) , for a private event, is taken to be a permit for the event; and the place stated in the notification for the event is taken to be the permit place stated in the permit.\n- (a) state the time, date and place of the private event; and\n- (b) be given to the chief executive at least 7 days before the event.\n- (a) a notification under subsection (1) , for a private event, is taken to be a permit for the event; and\n- (b) the place stated in the notification for the event is taken to be the permit place stated in the permit.","sortOrder":52},{"sectionNumber":"pt.2-div.11","sectionType":"division","heading":"Review of decisions of the chief executive","content":"## Review of decisions of the chief executive","sortOrder":53},{"sectionNumber":"sec.33","sectionType":"section","heading":"Review of decisions of chief executive","content":"### sec.33 Review of decisions of chief executive\n\nA decision of the chief executive under this Act may be reviewed under part 2 of the Liquor Act as if the decision were a decision of the chief executive under the Liquor Act .\nA reference in part 2 of the Liquor Act —\nto the Liquor Act is a reference to the Wine Industry Act 1994 ; and\nto a decision of the chief executive is a reference to a decision of the chief executive under this Act; and\nto an application, submission or objection is a reference to an application, submission or objection under this Act.\nFor this section, this Act is to be read together with the Liquor Act .\ns 33 amd 2009 No. 24 s 870\n(sec.33-ssec.1) A decision of the chief executive under this Act may be reviewed under part 2 of the Liquor Act as if the decision were a decision of the chief executive under the Liquor Act .\n(sec.33-ssec.2) A reference in part 2 of the Liquor Act — to the Liquor Act is a reference to the Wine Industry Act 1994 ; and to a decision of the chief executive is a reference to a decision of the chief executive under this Act; and to an application, submission or objection is a reference to an application, submission or objection under this Act.\n(sec.33-ssec.3) For this section, this Act is to be read together with the Liquor Act .\n- (a) to the Liquor Act is a reference to the Wine Industry Act 1994 ; and\n- (b) to a decision of the chief executive is a reference to a decision of the chief executive under this Act; and\n- (c) to an application, submission or objection is a reference to an application, submission or objection under this Act.","sortOrder":54},{"sectionNumber":"pt.3","sectionType":"part","heading":"Obligatory provisions and offences","content":"# Obligatory provisions and offences","sortOrder":55},{"sectionNumber":"sec.34","sectionType":"section","heading":"Breach of conditions of licence or permit","content":"### sec.34 Breach of conditions of licence or permit\n\nA licensee must not sell wine unless the sale is authorised under this Act.\nMaximum penalty—350 penalty units.\nHowever, a person does not commit an offence against subsection (1) if the person—\nholds a licence or permit under the Liquor Act 1992 to sell wine; and\nsells the wine under the authority of the licence or permit.\nA licensee must comply with the conditions of the licensee’s licence or permit.\nMaximum penalty—40 penalty units.\ns 34 amd 2001 No. 40 s 19 ; 2008 No. 19 s 20\n(sec.34-ssec.1) A licensee must not sell wine unless the sale is authorised under this Act. Maximum penalty—350 penalty units.\n(sec.34-ssec.2) However, a person does not commit an offence against subsection (1) if the person— holds a licence or permit under the Liquor Act 1992 to sell wine; and sells the wine under the authority of the licence or permit.\n(sec.34-ssec.3) A licensee must comply with the conditions of the licensee’s licence or permit. Maximum penalty—40 penalty units.\n- (a) holds a licence or permit under the Liquor Act 1992 to sell wine; and\n- (b) sells the wine under the authority of the licence or permit.","sortOrder":56},{"sectionNumber":"sec.35","sectionType":"section","heading":"Wine not to be sold outside authorised trading hours","content":"### sec.35 Wine not to be sold outside authorised trading hours\n\nA licensee must not sell wine at a time other than—\nthe ordinary trading hours mentioned in section 18 ; or\nif the chief executive has extended the trading hours under section 19 —the trading hours under the extension; or\nat the times under a permit held by the licensee.\nMaximum penalty—100 penalty units.\ns 35 amd 2001 No. 40 s 3 sch\n- (a) the ordinary trading hours mentioned in section 18 ; or\n- (b) if the chief executive has extended the trading hours under section 19 —the trading hours under the extension; or\n- (c) at the times under a permit held by the licensee.","sortOrder":57},{"sectionNumber":"sec.36","sectionType":"section","heading":"Wine prohibited to certain persons","content":"### sec.36 Wine prohibited to certain persons\n\nA person must not, on licensed premises or at a permit place, provide wine to a minor or a person who is unduly intoxicated.\nMaximum penalty—\nif the person is the licensee of, or a nominee for, the licensed premises or the permit place—250 penalty units; or\nin any other case—40 penalty units.\nFor subsection (1) , a person may be taken to be unduly intoxicated if—\nthe person’s speech, balance, co-ordination or behaviour is noticeably affected; and\nthere are reasonable grounds for believing the affected speech, balance, co-ordination or behaviour is the result of the consumption of liquor, drugs or another intoxicating substance.\ns 36 amd 2001 No. 40 s 3 sch ; 2014 No. 42 s 132\n(sec.36-ssec.1) A person must not, on licensed premises or at a permit place, provide wine to a minor or a person who is unduly intoxicated. Maximum penalty— if the person is the licensee of, or a nominee for, the licensed premises or the permit place—250 penalty units; or in any other case—40 penalty units.\n(sec.36-ssec.2) For subsection (1) , a person may be taken to be unduly intoxicated if— the person’s speech, balance, co-ordination or behaviour is noticeably affected; and there are reasonable grounds for believing the affected speech, balance, co-ordination or behaviour is the result of the consumption of liquor, drugs or another intoxicating substance.\n- (a) if the person is the licensee of, or a nominee for, the licensed premises or the permit place—250 penalty units; or\n- (b) in any other case—40 penalty units.\n- (a) the person’s speech, balance, co-ordination or behaviour is noticeably affected; and\n- (b) there are reasonable grounds for believing the affected speech, balance, co-ordination or behaviour is the result of the consumption of liquor, drugs or another intoxicating substance.","sortOrder":58},{"sectionNumber":"sec.37","sectionType":"section","heading":"Prohibitions affecting minors","content":"### sec.37 Prohibitions affecting minors\n\nA minor must not, on licensed premises or at a permit place—\ndrink wine; or\nbe in possession of wine.\nMaximum penalty—25 penalty units.\nSubsection (1) (b) does not apply to a minor who is in possession of wine—\nwhile performing duties as an employee of the licensee of the licensed premises; or\nwhile receiving training for employment or work experience.\n(sec.37-ssec.1) A minor must not, on licensed premises or at a permit place— drink wine; or be in possession of wine. Maximum penalty—25 penalty units.\n(sec.37-ssec.2) Subsection (1) (b) does not apply to a minor who is in possession of wine— while performing duties as an employee of the licensee of the licensed premises; or while receiving training for employment or work experience.\n- (a) drink wine; or\n- (b) be in possession of wine.\n- (a) while performing duties as an employee of the licensee of the licensed premises; or\n- (b) while receiving training for employment or work experience.","sortOrder":59},{"sectionNumber":"sec.38","sectionType":"section","heading":"False representation of age","content":"### sec.38 False representation of age\n\nA person must not, for a wrongful purpose under this Act, falsely represent himself or herself to have reached 18 years.\nMaximum penalty—25 penalty units.\nA person must not—\nmake a false document that could reasonably be taken to be genuine acceptable evidence of age of the person or someone else; or\ngive a false document mentioned in paragraph (a) to someone else;\nknowing the document to be false and with intent that the document be used as acceptable evidence of age of a person.\nMaximum penalty—\nfor a minor—25 penalty units; and\nfor an adult—40 penalty units.\nA person must not, for a wrongful purpose, falsely represent to an entity that the person has reached 18 years to obtain a document that is acceptable evidence of age of the person, knowing the representation to be false.\nMaximum penalty—25 penalty units.\nIn this section—\nwrongful purpose of a minor means intending wine to be sold or provided to the minor on the licensed premises or at a permit place.\n(sec.38-ssec.1) A person must not, for a wrongful purpose under this Act, falsely represent himself or herself to have reached 18 years. Maximum penalty—25 penalty units.\n(sec.38-ssec.2) A person must not— make a false document that could reasonably be taken to be genuine acceptable evidence of age of the person or someone else; or give a false document mentioned in paragraph (a) to someone else; knowing the document to be false and with intent that the document be used as acceptable evidence of age of a person. Maximum penalty— for a minor—25 penalty units; and for an adult—40 penalty units.\n(sec.38-ssec.3) A person must not, for a wrongful purpose, falsely represent to an entity that the person has reached 18 years to obtain a document that is acceptable evidence of age of the person, knowing the representation to be false. Maximum penalty—25 penalty units.\n(sec.38-ssec.4) In this section— wrongful purpose of a minor means intending wine to be sold or provided to the minor on the licensed premises or at a permit place.\n- (a) make a false document that could reasonably be taken to be genuine acceptable evidence of age of the person or someone else; or\n- (b) give a false document mentioned in paragraph (a) to someone else;\n- (a) for a minor—25 penalty units; and\n- (b) for an adult—40 penalty units.","sortOrder":60},{"sectionNumber":"sec.39","sectionType":"section","heading":"Wrongful dealing with genuine evidence of age","content":"### sec.39 Wrongful dealing with genuine evidence of age\n\nA person must not knowingly give a document that is acceptable evidence of age of the person mentioned in the document (the specified person ) to someone else, if the person giving the document knows or has reasonable grounds to suspect that the document may be used as acceptable evidence of age of someone other than the specified person.\nMaximum penalty–40 penalty units.\nA person must not wilfully or negligently deface or interfere with a document that is acceptable evidence of age of the person or someone else.\nMaximum penalty—40 penalty units.\n(sec.39-ssec.1) A person must not knowingly give a document that is acceptable evidence of age of the person mentioned in the document (the specified person ) to someone else, if the person giving the document knows or has reasonable grounds to suspect that the document may be used as acceptable evidence of age of someone other than the specified person. Maximum penalty–40 penalty units.\n(sec.39-ssec.2) A person must not wilfully or negligently deface or interfere with a document that is acceptable evidence of age of the person or someone else. Maximum penalty—40 penalty units.","sortOrder":61},{"sectionNumber":"sec.40","sectionType":"section","heading":"Seizure of document wrongly used as evidence of age","content":"### sec.40 Seizure of document wrongly used as evidence of age\n\nIf a document is shown to a person and the person believes, on reasonable grounds, that the document has been used by someone else in contravention of section 38 (2) or (3) , the person may seize the document.\nThe person must give the seized document to an investigator within 3 days of the seizure or, if that is not reasonably practicable, must notify an investigator about the seizure within the 3 day period.\nMaximum penalty—25 penalty units.\nNothing in this section authorises a person to seize a digital device if—\nthe device is used in the contravention of section 38 (2) or (3) ; and\nin contravening the section a person used the device to store or display the following things, or an image or other design purporting to be the thing—\na digital authority;\na digital evidence of age;\na digital evidence of identity.\nIn this section—\ndigital authority see the Transport Planning and Coordination Act 1994 , section 29AC .\ndigital device see the Transport Planning and Coordination Act 1994 , section 29AB .\ndigital evidence of age see the Transport Planning and Coordination Act 1994 , section 29AD .\ndigital evidence of identity see the Transport Planning and Coordination Act 1994 , section 29AE .\ns 40 amd 2020 No. 21 s 70\n(sec.40-ssec.1) If a document is shown to a person and the person believes, on reasonable grounds, that the document has been used by someone else in contravention of section 38 (2) or (3) , the person may seize the document.\n(sec.40-ssec.2) The person must give the seized document to an investigator within 3 days of the seizure or, if that is not reasonably practicable, must notify an investigator about the seizure within the 3 day period. Maximum penalty—25 penalty units.\n(sec.40-ssec.3) Nothing in this section authorises a person to seize a digital device if— the device is used in the contravention of section 38 (2) or (3) ; and in contravening the section a person used the device to store or display the following things, or an image or other design purporting to be the thing— a digital authority; a digital evidence of age; a digital evidence of identity.\n(sec.40-ssec.4) In this section— digital authority see the Transport Planning and Coordination Act 1994 , section 29AC . digital device see the Transport Planning and Coordination Act 1994 , section 29AB . digital evidence of age see the Transport Planning and Coordination Act 1994 , section 29AD . digital evidence of identity see the Transport Planning and Coordination Act 1994 , section 29AE .\n- (a) the device is used in the contravention of section 38 (2) or (3) ; and\n- (b) in contravening the section a person used the device to store or display the following things, or an image or other design purporting to be the thing— (i) a digital authority; (ii) a digital evidence of age; (iii) a digital evidence of identity.\n- (i) a digital authority;\n- (ii) a digital evidence of age;\n- (iii) a digital evidence of identity.\n- (i) a digital authority;\n- (ii) a digital evidence of age;\n- (iii) a digital evidence of identity.","sortOrder":62},{"sectionNumber":"sec.41","sectionType":"section","heading":"Finding out age","content":"### sec.41 Finding out age\n\nAn authorised person may require someone else whom the authorised person suspects on reasonable grounds to be a minor and to be contravening a provision of this Act—\nto state all relevant particulars about the person’s age; and\nto produce evidence of the person’s age.\nSee the Transport Planning and Coordination Act 1994 , sections 29AH and 29AI for the use of a digital authority, a digital evidence of age or a digital evidence of identity.\nIn this section—\nauthorised person includes—\na licensee; and\nan employee or agent of a licensee; and\nan investigator.\ns 41 amd 2020 No. 21 s 71\n(sec.41-ssec.1) An authorised person may require someone else whom the authorised person suspects on reasonable grounds to be a minor and to be contravening a provision of this Act— to state all relevant particulars about the person’s age; and to produce evidence of the person’s age. See the Transport Planning and Coordination Act 1994 , sections 29AH and 29AI for the use of a digital authority, a digital evidence of age or a digital evidence of identity.\n(sec.41-ssec.2) In this section— authorised person includes— a licensee; and an employee or agent of a licensee; and an investigator.\n- (a) to state all relevant particulars about the person’s age; and\n- (b) to produce evidence of the person’s age.\n- (a) a licensee; and\n- (b) an employee or agent of a licensee; and\n- (c) an investigator.","sortOrder":63},{"sectionNumber":"sec.42","sectionType":"section","heading":"False or misleading statements","content":"### sec.42 False or misleading statements\n\nA person must not—\nstate anything for this Act that the person knows is false or misleading in a material particular; or\nomit from a statement made for this Act anything without which the statement is, to the person’s knowledge, misleading in a material particular.\nMaximum penalty—100 penalty units or imprisonment for 6 months.\nIt is enough for a complaint against a person for an offence against subsection (1) (a) or (b) to state that the statement made was false or misleading to the person’s knowledge.\n(sec.42-ssec.1) A person must not— state anything for this Act that the person knows is false or misleading in a material particular; or omit from a statement made for this Act anything without which the statement is, to the person’s knowledge, misleading in a material particular. Maximum penalty—100 penalty units or imprisonment for 6 months.\n(sec.42-ssec.2) It is enough for a complaint against a person for an offence against subsection (1) (a) or (b) to state that the statement made was false or misleading to the person’s knowledge.\n- (a) state anything for this Act that the person knows is false or misleading in a material particular; or\n- (b) omit from a statement made for this Act anything without which the statement is, to the person’s knowledge, misleading in a material particular.","sortOrder":64},{"sectionNumber":"sec.43","sectionType":"section","heading":"False, misleading or incomplete documents","content":"### sec.43 False, misleading or incomplete documents\n\nA person must not give a document for this Act containing information the person knows is false, misleading or incomplete in a material particular.\nMaximum penalty—100 penalty units or imprisonment for 6 months.\nan applicant knowingly giving the chief executive an application form containing false information\nSubsection (1) does not apply to a person who, when giving the document—\ninforms the person to whom the document is given, to the best of the person’s ability, how it is false, misleading or incomplete; and\nif the person giving the document has, or can reasonably obtain, the correct information—gives the correct information.\nIt is enough for a complaint against a person for an offence against subsection (1) to state that the document was false, misleading or incomplete to the person’s knowledge.\n(sec.43-ssec.1) A person must not give a document for this Act containing information the person knows is false, misleading or incomplete in a material particular. Maximum penalty—100 penalty units or imprisonment for 6 months. an applicant knowingly giving the chief executive an application form containing false information\n(sec.43-ssec.2) Subsection (1) does not apply to a person who, when giving the document— informs the person to whom the document is given, to the best of the person’s ability, how it is false, misleading or incomplete; and if the person giving the document has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.43-ssec.3) It is enough for a complaint against a person for an offence against subsection (1) to state that the document was false, misleading or incomplete to the person’s knowledge.\n- (a) informs the person to whom the document is given, to the best of the person’s ability, how it is false, misleading or incomplete; and\n- (b) if the person giving the document has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":65},{"sectionNumber":"sec.44","sectionType":"section","heading":"Licensee not to be absent for more than 28 days without approval","content":"### sec.44 Licensee not to be absent for more than 28 days without approval\n\nA licensee must not leave the licensed premises or a permit place in the control of another person unless the person is an agent or employee of the licensee.\nMaximum penalty—100 penalty units.\nA licensee must not, without the chief executive’s approval, be absent from the management and control of the business conducted under the licence for a continuous period of more than 28 days.\nMaximum penalty—100 penalty units.\nIn deciding whether to grant an approval under subsection (2) , the chief executive must have regard to the arrangements for a nominee for the licence to manage and control the business conducted under the licence during the licensee’s absence.\ns 44 sub 2001 No. 40 s 20\n(sec.44-ssec.1) A licensee must not leave the licensed premises or a permit place in the control of another person unless the person is an agent or employee of the licensee. Maximum penalty—100 penalty units.\n(sec.44-ssec.2) A licensee must not, without the chief executive’s approval, be absent from the management and control of the business conducted under the licence for a continuous period of more than 28 days. Maximum penalty—100 penalty units.\n(sec.44-ssec.3) In deciding whether to grant an approval under subsection (2) , the chief executive must have regard to the arrangements for a nominee for the licence to manage and control the business conducted under the licence during the licensee’s absence.","sortOrder":66},{"sectionNumber":"sec.45","sectionType":"section","heading":"Keeping licence or permit at licensed premises","content":"### sec.45 Keeping licence or permit at licensed premises\n\nA licensee must keep the licence at the main premises, unless the licensee has a reasonable excuse for not doing so.\nMaximum penalty—25 penalty units.\nA licensee must keep the permit at the permit place, unless the licensee has a reasonable excuse for not doing so.\nMaximum penalty—25 penalty units.\ns 45 amd 2001 No. 40 s 3 sch\n(sec.45-ssec.1) A licensee must keep the licence at the main premises, unless the licensee has a reasonable excuse for not doing so. Maximum penalty—25 penalty units.\n(sec.45-ssec.2) A licensee must keep the permit at the permit place, unless the licensee has a reasonable excuse for not doing so. Maximum penalty—25 penalty units.","sortOrder":67},{"sectionNumber":"sec.46","sectionType":"section","heading":"Production of licence or permit","content":"### sec.46 Production of licence or permit\n\nAn investigator may ask the person who appears to be in control of licensed premises or a permit place to produce the licence or permit for inspection.\nThe person must produce the licence or permit immediately for inspection by the investigator, unless the person has a reasonable excuse for not producing it.\nMaximum penalty—25 penalty units.\nA person does not commit an offence against subsection (2) if at the time the investigator asked the person to produce the licence or permit under subsection (1) , the person was not, in fact, in control of the licensed premises or permit place.\n(sec.46-ssec.1) An investigator may ask the person who appears to be in control of licensed premises or a permit place to produce the licence or permit for inspection.\n(sec.46-ssec.2) The person must produce the licence or permit immediately for inspection by the investigator, unless the person has a reasonable excuse for not producing it. Maximum penalty—25 penalty units.\n(sec.46-ssec.3) A person does not commit an offence against subsection (2) if at the time the investigator asked the person to produce the licence or permit under subsection (1) , the person was not, in fact, in control of the licensed premises or permit place.","sortOrder":68},{"sectionNumber":"sec.47","sectionType":"section","heading":"Business names and related matters","content":"### sec.47 Business names and related matters\n\nA licensee must notify the chief executive of a change in the licensee’s business name and must give the chief executive evidence of the registration of the change under the Business Names Registration Act 2011 (Cwlth) .\nMaximum penalty—25 penalty units.\nThe holder of a wine merchant licence must not use the following terms to describe the licensed premises or the business the licensee conducts under the licence, including, for example, on any signs, advertising or promotional material—\nvineyard;\nwinery;\ncellar door;\nanother term prescribed under a regulation.\nMaximum penalty—25 penalty units.\nSubsection (2) is intended to operate concurrently with the Business Names Registration Act 2011 (Cwlth) . See section 12 of that Act.\nHowever, subsection (2) (c) does not apply to the holder of a wine merchant licence who operates a sales outlet on the holder’s licensed premises.\ns 47 amd 2001 No. 40 s 21 ; 2008 No. 19 s 21 ; 2011 No. 34 s 31 sch 1\n(sec.47-ssec.1) A licensee must notify the chief executive of a change in the licensee’s business name and must give the chief executive evidence of the registration of the change under the Business Names Registration Act 2011 (Cwlth) . Maximum penalty—25 penalty units.\n(sec.47-ssec.2) The holder of a wine merchant licence must not use the following terms to describe the licensed premises or the business the licensee conducts under the licence, including, for example, on any signs, advertising or promotional material— vineyard; winery; cellar door; another term prescribed under a regulation. Maximum penalty—25 penalty units. Subsection (2) is intended to operate concurrently with the Business Names Registration Act 2011 (Cwlth) . See section 12 of that Act.\n(sec.47-ssec.3) However, subsection (2) (c) does not apply to the holder of a wine merchant licence who operates a sales outlet on the holder’s licensed premises.\n- (a) vineyard;\n- (b) winery;\n- (c) cellar door;\n- (d) another term prescribed under a regulation.","sortOrder":69},{"sectionNumber":"sec.48","sectionType":"section","heading":"Notice of change of licensee details","content":"### sec.48 Notice of change of licensee details\n\nWithin 14 days after a change happens in the structure or nature of the entity that holds a licence, the licensee must give the chief executive written notice of the details of the change.\na change in the directors of a licensee that is a corporation\na change in the beneficial ownership of a licensee that is a corporation\nMaximum penalty—100 penalty units.\nThe chief executive, by written notice, may ask the licensee to give further information or documents relevant to the change within the time stated in the notice.\nThe licensee must give the further information or documents to the chief executive within the time stated in the notice, unless the licensee has a reasonable excuse for not giving the further information or documents.\nMaximum penalty—100 penalty units.\n(sec.48-ssec.1) Within 14 days after a change happens in the structure or nature of the entity that holds a licence, the licensee must give the chief executive written notice of the details of the change. a change in the directors of a licensee that is a corporation a change in the beneficial ownership of a licensee that is a corporation Maximum penalty—100 penalty units.\n(sec.48-ssec.2) The chief executive, by written notice, may ask the licensee to give further information or documents relevant to the change within the time stated in the notice.\n(sec.48-ssec.3) The licensee must give the further information or documents to the chief executive within the time stated in the notice, unless the licensee has a reasonable excuse for not giving the further information or documents. Maximum penalty—100 penalty units.\n- 1 a change in the directors of a licensee that is a corporation\n- 2 a change in the beneficial ownership of a licensee that is a corporation","sortOrder":70},{"sectionNumber":"pt.4","sectionType":"part","heading":"Investigations","content":"# Investigations","sortOrder":71},{"sectionNumber":"sec.49","sectionType":"section","heading":"Investigators under Liquor Act may exercise their powers","content":"### sec.49 Investigators under Liquor Act may exercise their powers\n\nAn investigator may exercise the powers of an investigator under part 7 of the Liquor Act as if a reference in the part to the Liquor Act were a reference to the Wine Industry Act 1994 .\nSubsection (1) does not apply to an investigator’s powers under section 175 of the Liquor Act .\nA reference in part 7 of the Liquor Act —\nto a licensee is a reference to a licensee under this Act; and\nto licensed premises is a reference to licensed premises or a permit place under this Act; and\nto a licence or permit is a reference to a licence or permit under this Act; and\nto liquor is a reference to wine under this Act.\nFor this section, this Act is to be read together with the Liquor Act .\ns 49 amd 2001 No. 40 s 22\n(sec.49-ssec.1) An investigator may exercise the powers of an investigator under part 7 of the Liquor Act as if a reference in the part to the Liquor Act were a reference to the Wine Industry Act 1994 .\n(sec.49-ssec.2) Subsection (1) does not apply to an investigator’s powers under section 175 of the Liquor Act .\n(sec.49-ssec.3) A reference in part 7 of the Liquor Act — to a licensee is a reference to a licensee under this Act; and to licensed premises is a reference to licensed premises or a permit place under this Act; and to a licence or permit is a reference to a licence or permit under this Act; and to liquor is a reference to wine under this Act.\n(sec.49-ssec.4) For this section, this Act is to be read together with the Liquor Act .\n- (a) to a licensee is a reference to a licensee under this Act; and\n- (b) to licensed premises is a reference to licensed premises or a permit place under this Act; and\n- (c) to a licence or permit is a reference to a licence or permit under this Act; and\n- (d) to liquor is a reference to wine under this Act.","sortOrder":72},{"sectionNumber":"pt.5","sectionType":"part","heading":"Records and annual fees","content":"# Records and annual fees","sortOrder":73},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Record keeping","content":"## Record keeping","sortOrder":74},{"sectionNumber":"sec.50","sectionType":"section","heading":"Records to be kept by licensee","content":"### sec.50 Records to be kept by licensee\n\nA licensee must keep the records prescribed under a regulation.\nMaximum penalty—350 penalty units.\nThe licensee must—\nkeep the records in the way approved by the chief executive; and\nkeep the records on—\nfor a wine producer licence—the main premises; and\nfor a wine merchant licence—the licensed premises; and\nkeep the records for 5 years after the harvest of the fruit, or the making of the wine, to which the records relate; and\nproduce the records to an investigator if asked by the investigator; and\nallow an investigator to take copies of the records.\nMaximum penalty—350 penalty units.\ns 50 amd 2001 No. 40 s 3 sch\n(sec.50-ssec.1) A licensee must keep the records prescribed under a regulation. Maximum penalty—350 penalty units.\n(sec.50-ssec.2) The licensee must— keep the records in the way approved by the chief executive; and keep the records on— for a wine producer licence—the main premises; and for a wine merchant licence—the licensed premises; and keep the records for 5 years after the harvest of the fruit, or the making of the wine, to which the records relate; and produce the records to an investigator if asked by the investigator; and allow an investigator to take copies of the records. Maximum penalty—350 penalty units.\n- (a) keep the records in the way approved by the chief executive; and\n- (b) keep the records on— (i) for a wine producer licence—the main premises; and (ii) for a wine merchant licence—the licensed premises; and\n- (i) for a wine producer licence—the main premises; and\n- (ii) for a wine merchant licence—the licensed premises; and\n- (c) keep the records for 5 years after the harvest of the fruit, or the making of the wine, to which the records relate; and\n- (d) produce the records to an investigator if asked by the investigator; and\n- (e) allow an investigator to take copies of the records.\n- (i) for a wine producer licence—the main premises; and\n- (ii) for a wine merchant licence—the licensed premises; and","sortOrder":75},{"sectionNumber":"sec.51","sectionType":"section","heading":"Licensee to provide annual return","content":"### sec.51 Licensee to provide annual return\n\nA licensee must, by the day prescribed under a regulation, give to the chief executive a return about the matters included in the licensee’s records.\nMaximum penalty—25 penalty units.\nThe return must be made in a form approved by the chief executive and include the particulars prescribed under a regulation.\nMaximum penalty—25 penalty units.\ns 51 amd 1997 No. 81 s 3 sch ; 2001 No. 40 s 3 sch\n(sec.51-ssec.1) A licensee must, by the day prescribed under a regulation, give to the chief executive a return about the matters included in the licensee’s records. Maximum penalty—25 penalty units.\n(sec.51-ssec.2) The return must be made in a form approved by the chief executive and include the particulars prescribed under a regulation. Maximum penalty—25 penalty units.","sortOrder":76},{"sectionNumber":"sec.52","sectionType":"section","heading":"False or misleading records or returns","content":"### sec.52 False or misleading records or returns\n\nA person must not—\nkeep records, or provide a return, for this Act that the person knows is false or misleading in a material particular; or\nomit from a record or return made for this Act anything without which the record or return is, to the person’s knowledge, misleading in a material particular.\nMaximum penalty—100 penalty units or imprisonment for 6 months.\nIt is enough for a complaint against a person for an offence against subsection (1) (a) or (b) to state that the record or return made was false or misleading to the person’s knowledge.\n(sec.52-ssec.1) A person must not— keep records, or provide a return, for this Act that the person knows is false or misleading in a material particular; or omit from a record or return made for this Act anything without which the record or return is, to the person’s knowledge, misleading in a material particular. Maximum penalty—100 penalty units or imprisonment for 6 months.\n(sec.52-ssec.2) It is enough for a complaint against a person for an offence against subsection (1) (a) or (b) to state that the record or return made was false or misleading to the person’s knowledge.\n- (a) keep records, or provide a return, for this Act that the person knows is false or misleading in a material particular; or\n- (b) omit from a record or return made for this Act anything without which the record or return is, to the person’s knowledge, misleading in a material particular.","sortOrder":77},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Annual fee","content":"## Annual fee","sortOrder":78},{"sectionNumber":"sec.53","sectionType":"section","heading":"Payment of fee","content":"### sec.53 Payment of fee\n\nA licensee must pay a fee for the licence on an annual basis.\nThe amount of the fee is the amount prescribed under a regulation.\nThe fee is not payable until the licensee receives a notice stating—\nthe amount of the fee payable; and\nthe day by which the fee is payable.\ns 53 amd 2001 No. 40 s 3 sch\n(sec.53-ssec.1) A licensee must pay a fee for the licence on an annual basis.\n(sec.53-ssec.2) The amount of the fee is the amount prescribed under a regulation.\n(sec.53-ssec.3) The fee is not payable until the licensee receives a notice stating— the amount of the fee payable; and the day by which the fee is payable.\n- (a) the amount of the fee payable; and\n- (b) the day by which the fee is payable.","sortOrder":79},{"sectionNumber":"sec.54","sectionType":"section","heading":"Suspension and cancellation for failure to pay fee","content":"### sec.54 Suspension and cancellation for failure to pay fee\n\nIf a fee payable for a licence is not paid when it is payable, the licence is immediately suspended and is cancelled at the end of 14 days.\nHowever, if within the 14 days, the fee is paid to the department in cash or by bank cheque or electronic funds transfer, the suspension is lifted from the time of payment and the cancellation does not take effect.\n(sec.54-ssec.1) If a fee payable for a licence is not paid when it is payable, the licence is immediately suspended and is cancelled at the end of 14 days.\n(sec.54-ssec.2) However, if within the 14 days, the fee is paid to the department in cash or by bank cheque or electronic funds transfer, the suspension is lifted from the time of payment and the cancellation does not take effect.","sortOrder":80},{"sectionNumber":"pt.6","sectionType":"part","heading":"Queensland Wine Industry Policy Council","content":"# Queensland Wine Industry Policy Council","sortOrder":81},{"sectionNumber":"sec.55","sectionType":"section","heading":"Establishment and functions of council","content":"### sec.55 Establishment and functions of council\n\nThe Minister may establish the Queensland Wine Industry Policy Council.\nThe council must perform the functions prescribed under a regulation.\ns 55 amd 2001 No. 40 s 3 sch\n(sec.55-ssec.1) The Minister may establish the Queensland Wine Industry Policy Council.\n(sec.55-ssec.2) The council must perform the functions prescribed under a regulation.","sortOrder":82},{"sectionNumber":"sec.56","sectionType":"section","heading":"Appointment of council members","content":"### sec.56 Appointment of council members\n\nThe Minister may appoint persons to be members of the council.\nA regulation may prescribe—\nthe number of members; and\nmatters to which the Minister must have regard when appointing members, including, for example, qualifications.\ns 56 amd 2001 No. 40 s 3 sch\n(sec.56-ssec.1) The Minister may appoint persons to be members of the council.\n(sec.56-ssec.2) A regulation may prescribe— the number of members; and matters to which the Minister must have regard when appointing members, including, for example, qualifications.\n- (a) the number of members; and\n- (b) matters to which the Minister must have regard when appointing members, including, for example, qualifications.","sortOrder":83},{"sectionNumber":"pt.7","sectionType":"part","heading":"Administration","content":"# Administration","sortOrder":84},{"sectionNumber":"sec.57","sectionType":"section","heading":"Delegation by chief executive","content":"### sec.57 Delegation by chief executive\n\nThe chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified public service employee.\nIn this section—\nappropriately qualified includes having the qualifications experience or standing appropriate to exercise the power.\na person’s classification level in the public service\ns 57 sub 2005 No. 14 s 2 sch\n(sec.57-ssec.1) The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified public service employee.\n(sec.57-ssec.2) In this section— appropriately qualified includes having the qualifications experience or standing appropriate to exercise the power. a person’s classification level in the public service","sortOrder":85},{"sectionNumber":"sec.58","sectionType":"section","heading":"Register of licences and permits","content":"### sec.58 Register of licences and permits\n\nThe chief executive must keep a register of licences and permits.\nThe register must contain the particulars the chief executive considers necessary or desirable for the effective administration of this Act, including, for example, names and addresses of licensees, nominees and transferees.\n(sec.58-ssec.1) The chief executive must keep a register of licences and permits.\n(sec.58-ssec.2) The register must contain the particulars the chief executive considers necessary or desirable for the effective administration of this Act, including, for example, names and addresses of licensees, nominees and transferees.","sortOrder":86},{"sectionNumber":"sec.59","sectionType":"section","heading":"Register open to inspection","content":"### sec.59 Register open to inspection\n\nThe chief executive must keep the register open for inspection at the department in Brisbane—\nby an investigator while performing duties under this Act or the Liquor Act —free of charge; and\nby anyone else—on payment of the fee prescribed under a regulation.\nThe department’s office in Brisbane is located at Level 26, 111 George Street, Brisbane.\ns 59 amd 2001 No. 40 s 3 sch ; 2008 No. 19 s 22\n- (a) by an investigator while performing duties under this Act or the Liquor Act —free of charge; and\n- (b) by anyone else—on payment of the fee prescribed under a regulation.","sortOrder":87},{"sectionNumber":"sec.60","sectionType":"section","heading":"Protection from liability","content":"### sec.60 Protection from liability\n\nThe chief executive, a public service employee and an investigator do not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to a person, the liability attaches instead to the State.\ns 60 amd 2005 No. 14 s 2 sch\n(sec.60-ssec.1) The chief executive, a public service employee and an investigator do not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\n(sec.60-ssec.2) If subsection (1) prevents a civil liability attaching to a person, the liability attaches instead to the State.","sortOrder":88},{"sectionNumber":"sec.61","sectionType":"section","heading":"Review of legislation","content":"### sec.61 Review of legislation\n\ns 61 om 2001 No. 40 s 3 sch","sortOrder":89},{"sectionNumber":"pt.8","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":90},{"sectionNumber":"sec.62","sectionType":"section","heading":"Regulations","content":"### sec.62 Regulations\n\nThe Governor in Council may make regulations under this Act.","sortOrder":91},{"sectionNumber":"pt.9","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":92},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Transitional provisions for the Wine Industry Amendment Act 2001","content":"## Transitional provisions for the Wine Industry Amendment Act 2001","sortOrder":93},{"sectionNumber":"sec.63","sectionType":"section","heading":"Transitional provision for licences existing before Wine Industry Amendment Act 2001","content":"### sec.63 Transitional provision for licences existing before Wine Industry Amendment Act 2001\n\nThis section applies to a person who, immediately before the commencement of this section—\nheld a licence (an existing licence ) under this Act; or\nheld a limited licence under the Liquor Act 1992 in conjunction with a licence under this Act (the joint licences ).\nThe chief executive must conduct a review of the person’s existing licence or joint licences.\nIf, after the person’s existing licence or joint licences have been reviewed, the chief executive decides the person—\nis a person who grows fruit on the licensed premises from which wine is made or makes wine on the licensed premises, the chief executive must cancel the person’s existing licence or joint licences and grant the person a wine producer licence; or\nis not a person mentioned in paragraph (a) but conducts a business that contributes to the Queensland wine industry in a substantial way, the chief executive must cancel the person’s existing licence or joint licences and grant the person a wine merchant licence; or\nis not a person mentioned in paragraph (a) or (b), the chief executive must cancel the person’s existing licence or joint licences and grant the person an appropriate licence under the Liquor Act 1992 .\nUntil the chief executive completes the review of the person’s existing licence or joint licences and grants the person a licence under subsection (3), the person’s licence under this Act is taken to be a wine producer licence.\ns 63 sub 2001 No. 40 s 23\n(sec.63-ssec.1) This section applies to a person who, immediately before the commencement of this section— held a licence (an existing licence ) under this Act; or held a limited licence under the Liquor Act 1992 in conjunction with a licence under this Act (the joint licences ).\n(sec.63-ssec.2) The chief executive must conduct a review of the person’s existing licence or joint licences.\n(sec.63-ssec.3) If, after the person’s existing licence or joint licences have been reviewed, the chief executive decides the person— is a person who grows fruit on the licensed premises from which wine is made or makes wine on the licensed premises, the chief executive must cancel the person’s existing licence or joint licences and grant the person a wine producer licence; or is not a person mentioned in paragraph (a) but conducts a business that contributes to the Queensland wine industry in a substantial way, the chief executive must cancel the person’s existing licence or joint licences and grant the person a wine merchant licence; or is not a person mentioned in paragraph (a) or (b), the chief executive must cancel the person’s existing licence or joint licences and grant the person an appropriate licence under the Liquor Act 1992 .\n(sec.63-ssec.4) Until the chief executive completes the review of the person’s existing licence or joint licences and grants the person a licence under subsection (3), the person’s licence under this Act is taken to be a wine producer licence.\n- (a) held a licence (an existing licence ) under this Act; or\n- (b) held a limited licence under the Liquor Act 1992 in conjunction with a licence under this Act (the joint licences ).\n- (a) is a person who grows fruit on the licensed premises from which wine is made or makes wine on the licensed premises, the chief executive must cancel the person’s existing licence or joint licences and grant the person a wine producer licence; or\n- (b) is not a person mentioned in paragraph (a) but conducts a business that contributes to the Queensland wine industry in a substantial way, the chief executive must cancel the person’s existing licence or joint licences and grant the person a wine merchant licence; or\n- (c) is not a person mentioned in paragraph (a) or (b), the chief executive must cancel the person’s existing licence or joint licences and grant the person an appropriate licence under the Liquor Act 1992 .","sortOrder":94},{"sectionNumber":"sec.64","sectionType":"section","heading":"Transitional provision for applications for licences not decided before commencement of Wine Industry Amendment Act 2001","content":"### sec.64 Transitional provision for applications for licences not decided before commencement of Wine Industry Amendment Act 2001\n\nThis section applies to an application made, and not decided, before the commencement of this section.\nThe application is taken to be an application for a wine producer licence if the business the applicant will conduct under the licence will involve—\nselling wine made from fruit grown, on the premises to which the licence will relate, by the applicant; or\nselling wine made, on the premises to which the licence will relate, by the applicant.\nThe application is taken to be an application for a wine merchant licence if the business the applicant will conduct under the licence is not a business mentioned in subsection (2) but is a business that will contribute to the Queensland wine industry in a substantial way.\nIf the application is taken to be an application for a wine merchant licence, the chief executive may, by written notice given to the applicant, require the applicant, within a reasonable time of at least 14 days stated in the notice, to pay the relevant fee for a wine merchant licence.\nIf the applicant does not pay the relevant fee by the day stated in the notice, the application is taken to have lapsed.\nIn this section—\nrelevant fee , for a wine merchant licence, means the fee prescribed under a regulation for an application for a wine merchant licence less the amount of the fee that accompanied the application for the licence.\ns 64 prev s 64 exp 31 March 1996 (see s 64(5))\npres s 64 ins 2001 No. 40 s 23\n(sec.64-ssec.1) This section applies to an application made, and not decided, before the commencement of this section.\n(sec.64-ssec.2) The application is taken to be an application for a wine producer licence if the business the applicant will conduct under the licence will involve— selling wine made from fruit grown, on the premises to which the licence will relate, by the applicant; or selling wine made, on the premises to which the licence will relate, by the applicant.\n(sec.64-ssec.3) The application is taken to be an application for a wine merchant licence if the business the applicant will conduct under the licence is not a business mentioned in subsection (2) but is a business that will contribute to the Queensland wine industry in a substantial way.\n(sec.64-ssec.4) If the application is taken to be an application for a wine merchant licence, the chief executive may, by written notice given to the applicant, require the applicant, within a reasonable time of at least 14 days stated in the notice, to pay the relevant fee for a wine merchant licence.\n(sec.64-ssec.5) If the applicant does not pay the relevant fee by the day stated in the notice, the application is taken to have lapsed.\n(sec.64-ssec.6) In this section— relevant fee , for a wine merchant licence, means the fee prescribed under a regulation for an application for a wine merchant licence less the amount of the fee that accompanied the application for the licence.\n- (a) selling wine made from fruit grown, on the premises to which the licence will relate, by the applicant; or\n- (b) selling wine made, on the premises to which the licence will relate, by the applicant.","sortOrder":95},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Transitional provision for the Wine Industry Amendment Act 2008","content":"## Transitional provision for the Wine Industry Amendment Act 2008","sortOrder":96},{"sectionNumber":"sec.65","sectionType":"section","heading":"Advertising applications","content":"### sec.65 Advertising applications\n\nSection 25, as in force immediately before the commencement of this section, continues to apply to an application under this Act, made but not decided before the commencement.\ns 65 prev s 65 amd 1995 No. 50 s 3 sch\nexp 31 March 1998 (see s 65(3))\npres s 65 ins 2008 No. 19 s 24","sortOrder":97}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":530},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original 1994 purpose. While amended multiple times (notably 2001 and 2008), the core scope remains focused on wine industry licensing, tourism development, and harm minimisation. The 2008 amendments added practical conveniences like notification approvals for repeat events, but did not fundamentally expand beyond the original wine industry focus."},"complexity_factors":["Multiple cross-references to the Liquor Act 1992 for enforcement and review mechanisms","Nested conditional logic for licence eligibility (e.g., wine merchant licence excludes producer activities 'to the extent' they overlap)","Defined terms scattered across the Act and Schedule 2 dictionary","Conversion mechanism between licence types with special procedural rules","Satellite cellar door approvals with 6 separate criteria the chief executive must consider","Natural disaster exception for wine producers with discretionary 12-month extension","Transitional provisions with multiple conditional pathways based on commencement dates","Personal Property Securities Act 2009 exclusion clause (section 5A)","Digital evidence of age provisions referencing external Transport Planning and Coordination Act"],"plain_english_summary":"This Queensland law creates a special licensing system for selling wine, separate from the general liquor licensing rules. It aims to grow the state's wine industry while protecting public health.\n\n**Two types of licences:**\n- **Wine producer licence** – for people who grow their own fruit and make wine on their premises, or make wine on-site from fruit they grow elsewhere\n- **Wine merchant licence** – for businesses that support the Queensland wine industry in other substantial ways (like buying local fruit for winemaking, blending wines, or growing fruit for future use)\n\n**Key things the law does:**\n- Lets wine producers and merchants sell wine without needing a full liquor licence\n- Sets standard trading hours (8am–midnight most days, 1pm–midnight on Anzac Day)\n- Allows extended hours and special permits for events\n- Requires a \"nominee\" (a responsible adult) for each licence\n- Lets wine producers operate \"satellite cellar doors\" at other approved locations\n- Includes rules to prevent sales to minors and intoxicated people\n- Requires record-keeping about wine production and sales\n- Creates a Wine Industry Policy Council to advise the Minister\n\n**Who it affects:** Anyone wanting to sell wine in Queensland, particularly small wineries and wine tourism businesses. It also borrows enforcement powers from the Liquor Act 1992, meaning liquor inspectors can police this law too."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original stated objectives focus on efficiency, investment, tourism, integrity, and harm minimisation for the Queensland wine industry through a licensing scheme. Over time, amendments expanded the scope meaningfully: satellite cellar doors were added (allowing off-site sales under a wine producer licence), wine merchant licences were introduced as a distinct category with specific eligibility rules, licensees were permitted to sell other producers' wines (not just their own) under certain conditions, a streamlined notification system for repeat permit holders at private events was created, and the Act was updated to address digital identity documents in age-verification contexts. These additions, particularly the wine merchant licence category and the ability to sell third-party wines, go somewhat beyond the original focus on producer-owned winery sales, broadening the regulatory footprint of the Act."},"complexity_factors":["Two distinct licence types (wine producer and wine merchant) with different eligibility criteria, authorities, and conditions that interact in nuanced ways","Multiple cross-references to the Liquor Act 1992, requiring readers to consult that Act to fully understand definitions, review procedures, and enforcement provisions","Layered conditions system: licences have base authorities plus optional additional conditions (e.g., on-premises consumption, satellite cellar doors, selling other wines) each with their own approval criteria","Nominee system adds a separate layer of responsibility and compliance obligations that run parallel to licensee obligations","Complex eligibility boundaries for wine merchant licences (what 'substantially contributes' to the Queensland wine industry means) with both inclusions and exclusions specified","Conversion pathway (wine merchant to wine producer) with its own procedural rules distinct from standard applications","Interaction with federal law (Personal Property Securities Act 2009 (Cwlth)) requiring explicit legislative declaration to exclude licences from that regime","Natural disaster protections and extensions for wine producer licence holders add conditional time-limited carve-outs","Amendments across multiple years (2001, 2008, 2009, 2010, 2014, 2020) creating layered legislative history that affects interpretation","Permit system has two tiers (standard permits and streamlined notification approvals) with different eligibility and procedural requirements"],"plain_english_summary":"The Wine Industry Act 1994 creates a separate Queensland licensing regime for selling wine made in-state, allowing wine producer and wine merchant licences so growers and industry participants can sell, sample and promote Queensland wine without a general liquor licence. It sets rules on minors, trading hours, labelling, event permits, penalties for unlicensed sales, non‑transferability of licences, and powers to suspend or review licences—seeking to balance industry growth with harm minimisation."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act has been amended periodically to add administrative detail, align with other legislation and address technological changes (for example, the PPSA declaration at s 5A, digital evidence references at s 40–41, permit notification in s 32A–32B, and procedural refinements). Those amendments refine and modernise the original regulatory framework but stay within the Act’s original purpose of licensing and regulating wine production and sale in Queensland (see s 3). There is no clear expansion of scope beyond the original industry‑specific regulatory objective; changes are primarily administrative, procedural and technical rather than substantive mission creep."},"complexity_factors":["Multiple licence types and conversion rules (wine producer, wine merchant, interim licences, permits) across Parts 2 and 3 (s 6, s 8, s 11, s 24, s 32)","Numerous delegations of detailed matters to regulation (fees, particulars for applications, advertising procedures, prescribed records, labelling requirements) (s 7, s 17, s 25, s 50, s 53, s 62)","Extensive cross‑references to the Liquor Act 1992 (applies parts 2 and 7 by reference) and use of Liquor Act review processes (s 5, s 33, s 49)","Interplay with Commonwealth legislation: explicit PPSA exclusion (s 5A) and references to Transport Planning and Coordination Act provisions for digital ID (s 40–41)","Discretionary decision points concentrated in the chief executive (s 9, s 11, s 14, s 15, s 19, s 28) creating conditional logic and case‑by‑case outcomes","Multiple penalty tiers and criminal/enforcement provisions with imprisonment options for false records or statements (s 34, s 42, s 43, s 52)","Nominee and corporate structure rules requiring additional filings and approvals (s 12–14, s 48)","Transitional provisions and historical amendments layered into the Act (2001, 2008, 2010, 2014, 2020) that add specific procedures (pt 9 and various insets)","Record‑keeping and retention obligations with inspector powers and evidentiary processes (s 49–51)","Administrative registers, public inspection rules and fees for access (s 58–59)"],"plain_english_summary":"**What this law does (mechanically)\n\n- Creates a licensing regime for the Queensland wine industry. People or businesses must be licensed under this Act (or be authorised under the Liquor Act) to sell wine (s 6, s 34).  There are two main licence types: a wine producer licence (for people who make wine on the licensed premises or from fruit they grow there) and a wine merchant licence (for businesses that otherwise make a substantial contribution to the Queensland wine industry) (s 6, s 11).\n\n- Sets out how to apply for, grant, convert, transfer, vary, suspend, cancel or surrender licences. The chief executive of the administering department makes licensing decisions and may impose conditions (application form/fees/particulars are prescribed by regulation) (s 7, s 9, s 11, s 22, s 28).\n\n- Defines specific operational permissions and limits. For example, what a wine producer or wine merchant may sell on-site or off-site, whether samples may be given, how many satellite cellar doors may be approved, and that trading hours are normally 8am–midnight with a range of approval processes for extended hours (s 15–20).\n\n- Requires nominees (adult persons) to be nominated in certain cases so there is an identifiable responsible person for each licence; nominees share legal obligations and liability (s 13–14).\n\n- Regulates advertising, event permits and short-term promotional permissions (permits for single events or groups of licensees, and a notification mechanism for repeat private events) (s 25, s 32–32B).\n\n- Imposes operational obligations and enforcement tools: record‑keeping for 5 years, annual returns, labelling requirements for sealed containers, obligations not to supply minors or unduly intoxicated persons, and powers for investigators drawn from the Liquor Act to inspect and enforce (s 17, s 36–41, s 49–51).\n\n- Sets out fees, suspension/cancellation for unpaid fees, penalties for offences and administrative protections (s 53–54, various penalty provisions, s 60 protection from liability for officials).\n\n- Allows the Minister to establish a Queensland Wine Industry Policy Council to advise on policy (s 55–56).\n\n- Makes a formal declaration that a licence under this Act is not personal property for the purposes of the Commonwealth Personal Property Securities Act 2009 (s 5A).\n\n\nWho decides and who pays\n\n- The chief executive (departmental head) decides most licensing matters, approves nominees, satellite cellar doors, extended hours, interim licences and may suspend/cancel licences (s 7, s 11, s 15, s 19, s 24, s 28). The Minister may appoint a Policy Council (s 55–56).\n\n- Licensees bear the direct costs: application fees, annual licence fees (amounts set by regulation) and compliance costs (records, labelling, staff training, nominations and responding to investigations) (s 7, s 50, s 51, s 53).\n\n\nWhy it matters (official purpose and operational test)\n\n- The Act’s stated objectives are to improve efficiency, encourage investment and growth, develop tourism potential, ensure industry integrity and regulate in a way compatible with reducing alcohol‑related harm and relevant national alcohol policy (s 3). These objectives are implemented mainly by controlling who may lawfully sell wine through licensing and by making certain operational rules and enforcement tools available to the chief executive.\n\nTesting those objectives against costs, incentives and trade‑offs\n\n- Concentrated benefits vs diffuse costs: Licences and conditions create a small set of authorised sellers who gain exclusive lawful access to retail sales of wine under the Act. Those licence holders receive the direct benefit of access to on‑site sales, samples and permit events (s 15–16, s 32). The costs (fees, recordkeeping, compliance with conditions and potential licence suspension) are spread across all prospective sellers and existing licensees.\n\n- Administrative discretion and implementation risk: The chief executive has wide discretion to decide suitability, approve nominees, satellite cellar doors, extended trading hours and to impose licence conditions (see s 9, s 11, s 14, s 15, s 19, s 28). That discretion lets regulators tailor outcomes but increases the risk of inconsistent decision‑making and creates compliance uncertainty for businesses uncertain how conditions will be applied.\n\n- Compliance burden and transaction costs: The Act requires regulated records, annual returns and notifications of corporate changes within 14 days (s 48, s 50, s 51). Record retention for five years (s 50) and potential heavy penalties for false or misleading statements or documents (s 42, s 43, s 52) increase administrative cost and the need for legal/accounting controls.\n\n- Effects on competition and business models: The law distinguishes producers and merchants and excludes certain activities from qualifying as substantial contribution (for example, simply buying bulk wine from interstate and bottling it locally does not qualify) (s 6(5)). That shapes what business models can rely on a Wine Industry Act licence and may push some operators to rely instead on the Liquor Act or different commercial structures.\n\n- Property and finance implications: Section 5A declares a licence not to be 'personal property' under the Commonwealth Personal Property Securities Act 2009. Practically, that prevents licence‑holders from using the licence as collateral or from having it registered as a security interest under the PPSA — affecting financing options for licensees (s 5A).\n\n- Digital ID and evidentiary adjustments: Recent provisions govern seizure of age documents and explicitly preserve digital evidence of age/digital authority mechanisms (s 40, s 41), aligning enforcement with modern identity technology while limiting seizure of digital devices.\n\n- Enforcement focus and risk allocation: Penalties range up to substantial amounts (for example, maximum 350 penalty units for selling wine without authority under s 34). The Act makes nominees and licensees accountable (s 14, s 36), concentrating legal risk on named individuals.\n\n\nKey compliance points to watch (with statutory references)\n\n- Must hold an appropriate licence to sell wine (s 6, s 34). Selling without authority attracts the highest penalty in the Act (s 34).\n- Licence types determine permitted activities and limits (producer v merchant; satellite cellar doors; limits on selling non‑licensee wine under conditions) (s 15–16).\n- Nominees must be approved adults and carry legal obligations and liability (s 13–14).\n- Records retained for five years and annual returns are mandatory; heavy penalties for false records (s 50–52).\n- Trading hours default to 8am–midnight with a process to apply for extensions (s 18–19).\n- Licence is not property for PPSA purposes — impacts on security interests and financing (s 5A).\n- Investigator powers are exercised as if under the Liquor Act (s 49), including inspection and seizure powers subject to the Act and related legislation.\n\n\nBottom line (mechanical summary): The Act creates a dedicated, administratively‑managed licence regime for wine production and sale in Queensland, allocates decision‑making power mainly to the chief executive, requires ongoing recordkeeping and compliance by licensees, and supplies enforcement tools and penalties to police authorised sales and protect minors and public safety. The statutory architecture emphasises administrative discretion, defined categories of licenced business, and formal reporting and enforcement channels (see s 3, s 6–16, s 28–36, s 50–54)."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/wine-industry-act-1994","history":"/api/acts/wine-industry-act-1994/history","analysis":"/api/acts/wine-industry-act-1994/analysis","conflicts":"/api/acts/wine-industry-act-1994/conflicts","importantCases":"/api/acts/wine-industry-act-1994/important-cases","documents":"/api/acts/wine-industry-act-1994/documents"}}