sec.217Records to be kept by licensee

### sec.217 Records to be kept by licensee A licensee must make and maintain a true and up-to-date record of all transactions (a transactions record ) made by or on behalf of the licensee that involve— the purchase or other acquisition of liquor by or for the licensee; or the sale or supply of liquor by or on behalf of the licensee. Maximum penalty—350 penalty units. Also, a licensee under an artisan producer licence must make and maintain a true and up-to-date record (a production record ) of volumes of liquor produced by the licensee. Maximum penalty—350 penalty units. A transactions record or production record— must be in a language and form acceptable to the commissioner; and must contain— the particulars prescribed by regulation; or such of the prescribed particulars as are decided by the commissioner in relation to licences of a specified description; and must be kept, on the licensed premises to which it relates or in some other place approved by the commissioner for 6 years after the day on which the record is made, by the licensee by whom it is made or, if the licence has since been transferred, by the licensee to whom it is last transferred. A licensee must establish accounting records of a business conducted under authority of the licence that correctly record and explain the transactions and financial position of the business. Maximum penalty—350 penalty units. The following persons must keep accounting records on the licensed premises to which they relate, or in some other place approved by the commissioner, for 6 years after the day on which the record is made— the licensee by or for whom the records are made; if the licence has since been transferred—the licensee to whom it was last transferred. A permittee under a craft beer producer permit (a producer ) must make and maintain a correct and up-to-date record (a promotional events record ) of each promotional event at which the producer— sells, to persons at the event, craft beer produced by the producer for consumption away from the event including, for example, by taking or receiving, or causing or permitting an agent or employee to take or receive, orders for the producer’s craft beer; or sells, to persons at the event, craft beer produced by the producer for the purpose of sampling the craft beer. Maximum penalty—350 penalty units. A permittee under an artisan spirits producer permit (also a producer ) must make and maintain a correct and up-to-date record (also a promotional events record ) of each promotional event at which the producer— sells, to persons at the event, artisan spirits produced by the producer for consumption away from the event including, for example, by taking or receiving, or causing or permitting an agent or employee to take or receive, orders for the producer’s artisan spirits; or sells, to persons at the event, artisan spirits produced by the producer for the purpose of sampling the artisan spirits. Maximum penalty—350 penalty units. A promotional events record must— be in a language and form acceptable to the commissioner; and include the written consent, mentioned in section 103W (1) or 103ZB (1) , for the promotional event; and be kept, at the producer’s craft brewery or artisan distillery or in another place approved by the commissioner, for 6 years after the day on which the record is made, by the producer or, if the craft brewery or artisan distillery is no longer operated by the producer, by the operator of the craft brewery or artisan distillery. A licensee commits an offence if— the licensee’s transactions record or production record is not kept as required by subsection (2) ; or the licensee’s accounting records are not kept as required by subsection (4) ; or the producer’s promotional events records are not kept as required by subsection (4B) . Maximum penalty—350 penalty units. On a transfer of a business conducted under authority of a licence, the transferor must surrender to the transferee every record made and kept under this section relating to the business. Maximum penalty—25 penalty units. The licensee who for the time being has possession or control of the record made and kept under this section must make it available for examination by an investigator on demand. Maximum penalty—25 penalty units. s 217 amd 1994 No. 59 s 74 ; 2012 No. 25 s 144 (1) ; 2016 No. 4 s 58 ; 2021 No. 4 s 30 (sec.217-ssec.1) A licensee must make and maintain a true and up-to-date record of all transactions (a transactions record ) made by or on behalf of the licensee that involve— the purchase or other acquisition of liquor by or for the licensee; or the sale or supply of liquor by or on behalf of the licensee. Maximum penalty—350 penalty units. (sec.217-ssec.1A) Also, a licensee under an artisan producer licence must make and maintain a true and up-to-date record (a production record ) of volumes of liquor produced by the licensee. Maximum penalty—350 penalty units. (sec.217-ssec.2) A transactions record or production record— must be in a language and form acceptable to the commissioner; and must contain— the particulars prescribed by regulation; or such of the prescribed particulars as are decided by the commissioner in relation to licences of a specified description; and must be kept, on the licensed premises to which it relates or in some other place approved by the commissioner for 6 years after the day on which the record is made, by the licensee by whom it is made or, if the licence has since been transferred, by the licensee to whom it is last transferred. (sec.217-ssec.3) A licensee must establish accounting records of a business conducted under authority of the licence that correctly record and explain the transactions and financial position of the business. Maximum penalty—350 penalty units. (sec.217-ssec.4) The following persons must keep accounting records on the licensed premises to which they relate, or in some other place approved by the commissioner, for 6 years after the day on which the record is made— the licensee by or for whom the records are made; if the licence has since been transferred—the licensee to whom it was last transferred. (sec.217-ssec.4A) A permittee under a craft beer producer permit (a producer ) must make and maintain a correct and up-to-date record (a promotional events record ) of each promotional event at which the producer— sells, to persons at the event, craft beer produced by the producer for consumption away from the event including, for example, by taking or receiving, or causing or permitting an agent or employee to take or receive, orders for the producer’s craft beer; or sells, to persons at the event, craft beer produced by the producer for the purpose of sampling the craft beer. Maximum penalty—350 penalty units. (sec.217-ssec.4AA) A permittee under an artisan spirits producer permit (also a producer ) must make and maintain a correct and up-to-date record (also a promotional events record ) of each promotional event at which the producer— sells, to persons at the event, artisan spirits produced by the producer for consumption away from the event including, for example, by taking or receiving, or causing or permitting an agent or employee to take or receive, orders for the producer’s artisan spirits; or sells, to persons at the event, artisan spirits produced by the producer for the purpose of sampling the artisan spirits. Maximum penalty—350 penalty units. (sec.217-ssec.4B) A promotional events record must— be in a language and form acceptable to the commissioner; and include the written consent, mentioned in section 103W (1) or 103ZB (1) , for the promotional event; and be kept, at the producer’s craft brewery or artisan distillery or in another place approved by the commissioner, for 6 years after the day on which the record is made, by the producer or, if the craft brewery or artisan distillery is no longer operated by the producer, by the operator of the craft brewery or artisan distillery. (sec.217-ssec.5) A licensee commits an offence if— the licensee’s transactions record or production record is not kept as required by subsection (2) ; or the licensee’s accounting records are not kept as required by subsection (4) ; or the producer’s promotional events records are not kept as required by subsection (4B) . Maximum penalty—350 penalty units. (sec.217-ssec.6) On a transfer of a business conducted under authority of a licence, the transferor must surrender to the transferee every record made and kept under this section relating to the business. Maximum penalty—25 penalty units. (sec.217-ssec.7) The licensee who for the time being has possession or control of the record made and kept under this section must make it available for examination by an investigator on demand. Maximum penalty—25 penalty units. - (a) the purchase or other acquisition of liquor by or for the licensee; or - (b) the sale or supply of liquor by or on behalf of the licensee. - (a) must be in a language and form acceptable to the commissioner; and - (b) must contain— (i) the particulars prescribed by regulation; or (ii) such of the prescribed particulars as are decided by the commissioner in relation to licences of a specified description; and - (i) the particulars prescribed by regulation; or - (ii) such of the prescribed particulars as are decided by the commissioner in relation to licences of a specified description; and - (c) must be kept, on the licensed premises to which it relates or in some other place approved by the commissioner for 6 years after the day on which the record is made, by the licensee by whom it is made or, if the licence has since been transferred, by the licensee to whom it is last transferred. - (i) the particulars prescribed by regulation; or - (ii) such of the prescribed particulars as are decided by the commissioner in relation to licences of a specified description; and - (a) the licensee by or for whom the records are made; - (b) if the licence has since been transferred—the licensee to whom it was last transferred. - (a) sells, to persons at the event, craft beer produced by the producer for consumption away from the event including, for example, by taking or receiving, or causing or permitting an agent or employee to take or receive, orders for the producer’s craft beer; or - (b) sells, to persons at the event, craft beer produced by the producer for the purpose of sampling the craft beer. - (a) sells, to persons at the event, artisan spirits produced by the producer for consumption away from the event including, for example, by taking or receiving, or causing or permitting an agent or employee to take or receive, orders for the producer’s artisan spirits; or - (b) sells, to persons at the event, artisan spirits produced by the producer for the purpose of sampling the artisan spirits. - (a) be in a language and form acceptable to the commissioner; and - (b) include the written consent, mentioned in section 103W (1) or 103ZB (1) , for the promotional event; and - (c) be kept, at the producer’s craft brewery or artisan distillery or in another place approved by the commissioner, for 6 years after the day on which the record is made, by the producer or, if the craft brewery or artisan distillery is no longer operated by the producer, by the operator of the craft brewery or artisan distillery. - (a) the licensee’s transactions record or production record is not kept as required by subsection (2) ; or - (b) the licensee’s accounting records are not kept as required by subsection (4) ; or - (c) the producer’s promotional events records are not kept as required by subsection (4B) .