Liquor Act 2010

1 Name of Act This Act is the Liquor Act 2010.

3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘identity card—see the Fair Trading (Australian Consumer Law) Act 1992, dictionary.’ means that the term ‘identity card’ is defined in that dictionary and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Introduction Division 1.1

5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

6 Application of Act—generally This Act does not apply to the following: (a) the administration, dispensing or sale of liquor for medicinal purposes— (i) by or under the direction of a doctor; or (ii) by a pharmacist; (b) the supply, possession, consumption or purchase of liquor that is authorised by a law in force in the Territory. Examples—par (b) 1 Defence Act 1903 (Cwlth), s 123A 2 Army and Air Force (Canteen) Regulation 2016 (Cwlth), s 34 7 Application of Act—sale of liquor (1) The provisions of this Act relating to the sale of liquor do not apply to the following: (a) the duty-free sale of liquor; (b) the sale of liquor for someone else by an auctioneer, by auction, in the ordinary course of the auctioneer’s business;

(c) the sale by, or on behalf of, the Commonwealth or the Territory of liquor seized under a law in force in the ACT. Collector means a Collector under the Customs Act 1901 (Cwlth), section 8. duty-free sale means a sale for which permission by a Collector is given under the Customs Act 1901 (Cwlth), section 96A (2).

8 Application of Act—sale of liquor at universities (1) The provisions of this Act relating to the sale of liquor do not apply to the sale of liquor in an exempt university building. (a) the person sells liquor; and (b) the sale happens in an exempt university building; and (c) the sale is in contravention of a statute of the university. (a) the person purchases liquor; and (b) the purchase happens in an exempt university building; and (c) the purchase is in contravention of a statute of the university. exempt university building means a building— (a) that is occupied by— (i) a university; or

Introduction Division 1.1 (ii) a residential college affiliated with a university under a statute of the university; and (b) in which the sale of liquor is authorised by a statute of the university. university means the— (a) Australian National University; or (b) University of Canberra.

8A Application of Act—supply of liquor by exempt business (1) The provisions of this Act relating to the supply of liquor do not apply if— (a) the supply is in the course of conducting an exempt business; and (b) the liquor is not supplied to a child or young person. (2) A declaration under subsection (3), definition of exempt business, paragraph (f) is a disallowable instrument. (3) In this section: exempt business means any of the following: (a) a business providing traveller accommodation that, in an accommodation unit operated by the business, supplies liquor to a member of the travelling public; Examples—supply of liquor in accommodation unit • minibar • room service (b) a florist or gift maker business that packages liquor together with flowers, food or other gifts where the liquor supplied with each package— (i) does not exceed 1.5L; and

(ii) has a value not exceeding half the sale price of the package; (c) a hairdressing or barber business that supplies liquor without charge for consumption at the business’ premises where the supply is ancillary to the business’ services; (d) any of the following if the supply of liquor does not exceed 2 standard drinks per person per day: (i) a hospital; (ii) a home or residential care service provider; (iii) a retirement village; (iv) a hospice; (e) a limousine or tour business if— (i) the business provides services to no more than 12 adults; and (ii) the supply does not exceed 2 standard drinks per person; and (iii) the supply is ancillary to the business’ services and without charge; (f) a business declared by the Minister to be exempt. traveller accommodation—see the Civil Law (Wrongs) Act 2002, section 145.

Objects and principles Division 1.2

9 Object of Act The object of this Act is to regulate the sale, supply, promotion and consumption of liquor— (a) to minimise the harm associated with the consumption of liquor; and (b) to facilitate the responsible development of the liquor and hospitality industries in a way that takes into account community safety; and (c) in a way that encourages and supports liquor consumers to take responsibility for— (i) their consumption of liquor; and (ii) their behaviour if it is affected by the consumption of (d) to contribute to the responsible development of— (i) the ACT’s night-time economy; and (ii) industries related to the ACT’s night-time economy, including the liquor, live music, entertainment, tourism and hospitality industries.

10 Harm minimisation and community safety principles In making a decision under this Act, a decision-maker must have regard to the following principles (the harm minimisation and community safety principles): (a) responsible attitudes and practices towards the sale, supply, promotion and consumption of liquor should be encouraged; (b) community safety should not be jeopardised, particularly in relation to events involving large numbers of people;

(c) the liquor industry should be regulated in a way that minimises harm caused by alcohol abuse, including— (i) adverse effects on health; and (ii) personal injury; and (iii) property damage; and (iv) violent or anti-social behaviour; (d) the sale of liquor should be regulated in a way that contributes to the responsible development of— (i) the ACT’s night-time economy; and (ii) the liquor, live music, entertainment, tourism and hospitality industries; (e) community amenity, social harmony and wellbeing should be protected and enhanced through the responsible sale, supply, promotion and consumption of liquor; (f) the safety, health and welfare of people using licensed premises and permitted premises should not be put at risk; (g) noise from licensed premises and permitted premises should not be excessive; (h) licensed premises and permitted premises should not be located where they would be likely to cause undue disturbance, inconvenience or offence to people— (i) lawfully at adjacent or nearby premises; or (ii) because of the premises’ proximity to a place of public worship, a hospital or a school; (i) licences and permits should only be issued to people who comply with ACT law, and are likely to continue to comply with ACT law;

Important concepts Division 1.3 (j) licences and permits should only be issued for premises that comply with ACT law, and are likely to continue to comply with ACT law. Examples—decisions 1 a decision to issue a licence under s 27 2 a decision to issue a permit under s 51

11 What is liquor? (a) means a substance that— (i) is capable of being ingested; and (ii) contains more than 1.15% by volume of ethanol; and (b) includes a substance prescribed by regulation; and (c) does not include a substance prescribed by regulation not to be

12 Offence—sell liquor without licence or permit (a) sells liquor to someone else; and (b) does not hold a licence or permit authorising the sale. (2) This section does not apply if the sale happens at a private event at which not more than 30 people are present.

13 Offence—fail to comply with condition of licence or (1) A licensee commits an offence if— (a) the licence is subject to a condition; and (b) the licensee fails to comply with the condition. (2) A permit-holder commits an offence if— (a) the permit is subject to a condition; and (b) the permit-holder fails to comply with the condition.

14 Who is a close associate? close associate—a person is a close associate of someone (the related person) if— (a) the person holds or will hold an executive position (however described) in the related person’s business; or (b) the commissioner is satisfied that the person is or will be able to exercise a significant influence in relation to the conduct of the related person’s business because the person holds or will hold a financial interest, or is entitled to exercise a relevant power, in the business. business includes— (a) a business not carried on for profit; and (b) a trade or profession.

Important concepts Division 1.3 executive position—a position (however described) in the related person’s business is an executive position if the holder of the position is concerned with, or takes part in, the management of the business. exercise a power includes exercise the power on behalf of someone else. financial interest, in a business, means— (a) a share in the capital of the business; or (b) an entitlement to receive income derived from the business, however the entitlement arises. hold a position includes hold the position on behalf of someone else. power means a power exercisable— (a) by voting or otherwise; and (b) alone or with others. relevant power, in a business, means a power— (a) to take part in a directorial, managerial or executive decision for the business; or (b) to elect or appoint a person as an executive officer in the

15 Who is an influential person for a corporation? influential person, for a corporation, means any of the following: (a) an executive officer of the corporation; (b) a person who may exercise a relevant power in relation to the corporation; (c) a related corporation; (d) an executive officer of a related corporation.

related corporation means a related body corporate under the Corporations Act. relevant power, for a corporation, means a power— (a) to take part in a directorial, managerial or executive decision for the corporation; or (b) to elect or appoint a person as an executive officer in the corporation; or (c) to exercise a significant influence in relation to the conduct of the corporation.

Classes of licences Division 2.1

16 What is a licence? licence means— (a) a general licence; or (b) an on licence; or (c) an off licence; or (d) a club licence; or (e) a catering licence; or (f) a special licence. Note Section 27A (3) deals with the status of an interim licence.

17 What is a general licence? general licence means a licence that authorises the licensee to sell (b) in— (i) open containers for consumption at the premises; or (ii) sealed containers for consumption off the premises; and Note A licence may have different licensed times for the sale of liquor for consumption at the premises and the sale of liquor for consumption off the premises.

18 What is an on licence? on licence means a licence that authorises the licensee to sell liquor— (b) in open containers for consumption at the premises; and Examples—on licences 1 bar licence 2 nightclub licence 3 restaurant and cafe licence

19 What is an off licence? off licence means a licence that authorises the licensee to sell liquor— (b) in sealed containers for consumption off the premises; and

20 What is a club licence? club licence means a licence that authorises a club to sell liquor— (a) in stated parts of a single licensed premises; and (b) in— (i) open containers for consumption at the premises; or (ii) sealed containers for consumption off the premises; and (c) at the licensed times; and

Classes of licences Division 2.1 (d) to an adult— (i) who is a member of the club; or (ii) who is at the licensed premises as a temporary member of the club under the Gaming Machine Act 2004; or (iii) who is— (A) at the licensed premises at the invitation of an adult member of the club who is also at the premises; and (B) authorised by the club to be at the premises.

20A What is a catering licence? catering licence means a licence that authorises the licensee to sell (a) in the course of conducting a catering business; and (b) in open containers for consumption at premises where the business is being conducted; and (c) at the licensed times; and (d) where the predominant activity at the licensed times is the serving of food for consumption at the premises. catering business means a food business providing a food catering service. food business means a food business under the Food Act 2001, whether or not the business is required to be registered under that Act.

21 What is a special licence? special licence means a licence that authorises the licensee to sell (b) at the licensed times.

22 What is a bar licence? bar licence means an on licence for premises that are a bar. bar— times is the serving of liquor for consumption at the premises; and (b) includes premises prescribed by regulation to be a bar. 1 a pub 2 a tavern

23 What is a nightclub licence? nightclub licence means an on licence for premises that are a nightclub.

nightclub— times is dancing and entertainment; and (b) includes premises prescribed by regulation to be a nightclub.

24 What is a restaurant and cafe licence? restaurant and cafe licence means an on licence for premises that are a restaurant or cafe. restaurant or cafe— times is the serving of meals for consumption on the premises; and (b) includes premises prescribed by regulation to be a restaurant or cafe.

25 Licence—application (1) A person (a proposed licensee) may apply to the commissioner for a stated licence for stated premises. (b) state the class of licence applied for and, for an on licence, the subclass of licence applied for; and

(c) include complete details of suitability information about— (i) the proposed licensee; and (ii) each close associate of the proposed licensee; and (iii) if the proposed licensee is a corporation—each influential person for the proposed licensee; and (v) for a licence other than a catering licence—the proposed Suitability information, about premises—see s 78. (d) include a police certificate for each of the following people, dated not earlier than 3 months before the date of the application: (i) the proposed licensee; (ii) each close associate of the proposed licensee; (iii) each influential person for the proposed licensee; (e) for a licence other than a catering licence—include evidence that the operation of the business at the premises under the proposed licence complies with—

(f) include— (i) the final floor plans of the premises approved by the territory planning authority in the development approval for the premises; and (ii) a certificate of occupancy for the premises; and (g) for an application prescribed by regulation—include a risk-assessment management plan for the premises. Note 1 A general licence, on licence, club licence or special licence may Note 2 Risk-assessment management plan, for licensed premises or permitted premises—see s 88. Note 3 Giving false or misleading information is an offence against the Criminal

26 Licence—public consultation A proposed licensee must comply with the public consultation provisions in division 2.4 (Licences—public consultation).

27 Licence—decision on application (1) This section applies if the commissioner receives an application for a licence under section 25. (2) The commissioner must issue the licence to the proposed licensee only if satisfied that— (a) if the proposed licensee is an individual—the proposed licensee is an adult; and (b) each of the following people is a suitable person to hold the (i) the proposed licensee; (ii) each close associate of the proposed licensee;

(iii) if the proposed licensee is a corporation—each influential person for the proposed licensee; (c) if the commissioner requires the proposed licensee to give information does not affect the proposed licensee’s suitability to hold the licence; and (d) for a licence other than a catering licence—the proposed licensed premises are suitable premises for the licence; and (e) the proposed licensee complies, and is likely to continue to comply, with the requirements of this Act; and (f) for a licence other than a catering licence—the proposed licensed premises comply with the requirements of this Act. Note 1 A reference to an Act includes a reference to the statutory instruments (3) The commissioner must, not later than the required time, unless circumstances relating to the suitability of the premises under the proposed licence have delayed or prevented the commissioner from deciding the application— (b) tell the proposed licensee about the decision on the application.

(a) if the commissioner receives a representation about a person or premises under section 35 (Licence—representations)—90 days after the commissioner receives the representation; (b) if the commissioner requires the proposed licensee to provide a person etc)—90 days after the day the commissioner receives (c) if the commissioner requires the proposed licensee to provide a (Commissioner may require plan etc for premises)—90 days (d) if the commissioner asks the proposed licensee to allow the (Commissioner may require inspection of premises)—90 days (e) 90 days after the day the commissioner receives the application. Note Failure to issue a licence within the required time is taken to be a decision not to issue the licence (see ACT Civil and Administrative Tribunal

27A Licence—interim licence (a) the commissioner receives an application for a licence under section 25; and

(b) circumstances relating to the suitability of the premises under the proposed licence have delayed or prevented the commissioner from deciding the application within the required Example—par (b) a delay caused by a lease variation of a Crown lease for the premises under the proposed licence (2) The commissioner may issue the proposed licensee with a temporary licence (an interim licence) for the licence the subject of the application if the commissioner is satisfied that, but for the circumstances relating to the suitability of the premises, the commissioner would decide— (a) that the premises are suitable premises for the proposed licence; and (b) to issue the licence to the proposed licensee within the required Note The commissioner must decide that premises are not suitable premises for a licence or permit in some circumstances (see s 77 (1)). However, the commissioner may decide that premises are suitable premises for a licence or permit if satisfied that, in all the circumstances, it would be unreasonable to find the premises unsuitable (see s 77 (2)). (3) An interim licence is taken to be a licence of the class and subclass (if any) applied for by the proposed licensee. 1 If a proposed licensee applies for a general licence and is issued with an interim licence, the interim licence is taken to be a general licence.

2 If a proposed licensee applies for a bar licence, a subclass of an on licence, and is issued with an interim licence, the interim licence is taken to be a bar licence. (4) A proposed licensee who is issued with an interim licence is taken to be the licensee for the licence. required time—see section 27 (4).

28 Licence—occupancy loading (1) This section applies if the commissioner decides to issue a licence that authorises the licensee to sell liquor in open containers for consumption at the licensed premises. Note A general licence, on licence, club licence or special licence may (2) The commissioner must also decide the occupancy loading for each public area at the proposed licensed premises. Note Occupancy loading, for a public area at licensed premises or permitted premises—see s 83.

29 Licence—adults-only areas (1) This section applies if the commissioner decides to issue a licence that authorises the licensee to sell liquor in open containers for consumption at the licensed premises. Note A general licence, on licence, club licence or special licence may (2) The commissioner must also decide the adults-only areas (if any) for the licensed premises. Note 1 Adults-only area, for licensed premises or permitted premises—see s 93. Note 2 If the commissioner decides that licensed premises are to include an adults-only area, the commissioner may decide when the area is to be used as an adults-only area (see s 94 (3)).

30 Licence—form (1) A licence must— (i) the class of the licence and, for an on licence, the subclass of licence; (ii) the name of the licensee; (iii) if the licensee carries on business under a name other than the licensee’s name—the name under which the licensee carries on business; (iv) for a licence other than a catering licence—the address of the licensed premises; (v) the licensed times when— (A) for a licence other than a catering licence—liquor to be consumed at the licensed premises may be sold (if any); and (B) for a licence other than a catering licence—liquor to be consumed off the licensed premises may be sold (if any); and (C) for a catering licence—liquor to be consumed at the premises where the catering business is being conducted may be sold; (vi) the conditions on the licence; (vii) anything else prescribed by regulation. (2) A licence may include anything else the commissioner considers relevant.

31 Licence—conditions (1) A licence is subject to the condition that— (a) the licensee must comply with this Act; and (b) the licensed premises must comply with this Act. (2) A licence is also subject to any other condition— (b) imposed by the commissioner when the licence is issued or Note Licences may be amended under s 37, s 38 or s 39. (3) Without limiting subsection (2) (b), the commissioner may impose 1 or more of the following conditions on a licence: (a) that stated inspection requirements must be complied with; (b) that stated reporting requirements must be complied with; (c) that stated records must be kept; (d) that security guards or additional security guards must be engaged generally or for stated events; (e) that staff and security guards must be trained to a required level of competency; (f) that people must not be allowed to enter the licensed premises after a stated time; (g) for an on licence—that liquor must not be served in glass after midnight; (h) for an on licence—that shots of liquor must not be served after midnight;

(i) that security cameras must be fitted on the licensed premises or on other land under the control of the licensee in the vicinity of the licensed premises; (j) that stated requirements about security cameras must be complied with. (4) A regulation may prescribe requirements in relation to a security camera mentioned in subsection (3) (i) and (j).

32 Licence—period in force (1) A licence comes into force on the day it is issued. (2) A licence, other than an interim licence, continues in force until it is cancelled or surrendered. (3) However, an interim licence continues in force in accordance with section 32AA. 32AA Interim licence—period in force (1) An interim licence is in force for a period of 6 months, unless it is cancelled or surrendered before the end of that period. (2) However, the commissioner may extend the period for which an interim licence is in force. (3) Before the end of the period for which an interim licence is in force, if the interim licence has not been cancelled or surrendered, the commissioner must decide the application for the licence under section 27 as if the commissioner is deciding the application within the required time. (4) If an interim licence is cancelled or surrendered before the end of the period for which it is in force, the application for the licence under section 25 is taken to be withdrawn. required time—see section 27 (4).

32A Licence—annual fee A licensee must pay to the commissioner the annual fee determined for the licence.

32B Licence—reduction in annual fee (1) A licensee who regularly holds eligible events (an eligible licensee) may apply to the commissioner for a reduction in the annual fee payable for the licence. Note If particular information is to be included in the form for an application, or a particular document must be attached to or given with the form, the form is properly completed only if the requirement is complied with (see Legislation Act, s 255 (5)). (2) The commissioner may, in writing, require the applicant to give the commissioner additional information or documents that the commissioner reasonably need to decide the application. (b) tell the eligible licensee about the decision on the application. (4) The Minister may make guidelines in relation to reducing the annual fee payable for a licence. (5) A guideline may include provisions about— (a) who is an eligible licensee; and (b) the criteria that an eligible licensee must address in their application for a reduction; and (c) how an eligible licensee may apply for a reduction; and (d) how the commissioner decides whether to reduce an annual fee. (6) A guideline is a disallowable instrument.

(7) In this section: eligible event means— (a) a live music performance; or (b) a performance arts event; or a theatre performance (c) a visual arts event; or an art exhibition (d) a literary arts event; or (e) a cultural performance or arts event; or a planned performance of traditional dancing or singing (f) any other event prescribed by regulation. (a) 20 working days after the day the applicant applies for a reduction in the annual fee payable; (b) if the commissioner requires the applicant to give the commissioner additional information or documents— 20 working days after the day the commissioner receives the additional information or documents.

Division 2.4 Licences—notification and public consultation

33 Application and definition—div 2.4 (1) This division applies to the following applications: (a) an application under section 25 (Licence—application) for a licence; (b) an application under section 38 (Licence—amendment on application by licensee)— (i) to amend a licence from 1 subclass of on licence to another subclass of on licence; or (ii) to increase the occupancy loading for a public area at the licensed premises; or (iii) to increase the licensed times for the sale of liquor at the licensed premises. (2) In this division: relevant premises means— (a) for an application mentioned in subsection (1) (a)—the proposed (b) for an application mentioned in subsection (1) (b)—the licensed

33A Licence—notice of application to certain entities (1) The commissioner must give written notice of an application to the (a) the chief health officer; (b) the chief police officer;

(c) the director-general of the administrative unit responsible for the Children and Young People Act 2008; (d) the director-general of the administrative unit responsible for the Education Act 2004; (e) the director-general of the administrative unit responsible for the Environment Protection Act 1997; (f) the director-general of the administrative unit responsible for the Litter Act 2004; (g) the director-general of the administrative unit responsible for the Road Transport (Public Passenger Services) Act 2001; (h) any other person prescribed by regulation. (2) If a place (an adjoining place) other than unleased land adjoins the relevant premises, the commissioner must also give the notice to the registered proprietor of the lease of the adjoining place. Note For how documents may be given, see the Legislation Act, pt 19.5. (3) The notice must comply with the requirements prescribed by (4) The commissioner is taken to have given notice to the registered proprietor of a lease that is a lease of a unit identified in a units plan if the notice is given to the owners corporation for the units plan. adjoins—a place adjoins relevant premises if the place touches the premises, or is separated from the premises only by a road, reserve, river, watercourse or similar division. lease, of a unit—see the Unit Titles Act 2001, dictionary. units plan—see the Unit Titles Act 2001, dictionary.

33B Commissioner may ask for information from commissioner for revenue (a) the commissioner is required to give notice of an application to the registered proprietor of a lease under section 33A; and (b) the registered proprietor is uncontactable or the commissioner reasonably believes the registered proprietor is uncontactable. (2) The commissioner may, in writing, ask the commissioner for revenue for either of the following: (a) the person’s name; (b) the person’s home address or other contact address. (3) The commissioner for revenue must disclose the information required in a request made in accordance with subsection (2). uncontactable—a registered proprietor is uncontactable if the commissioner does not have, or only has incomplete or outdated information about, either of the following: (a) the registered proprietor’s name; (b) a home address or other contact address for the registered proprietor.

34 Licence—public notification of application (1) The applicant must— (a) display a sign about the application at the relevant premises; and (b) give public notice about the application. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).

(2) A sign and notice must— (a) state the class of licence applied for and, for an on licence, the subclass of licence applied for; and (b) comply with the requirements prescribed by regulation. (3) A person commits an offence if the person— (a) is an applicant; and (b) fails to— (i) display a sign in accordance with this section; or (ii) publish a notice in accordance with this section. (4) An offence against this section is a strict liability offence.

35 Licence—representations (1) If an applicant displays a sign or publishes a notice under section 34, anyone may give a written representation to the commissioner about how— (a) 1 or more of the following people is not a suitable person to hold the licence: (i) the applicant; (ii) a close associate of the applicant; (iii) if the applicant is a corporation—an influential person for the applicant; (iv) if someone other than the applicant is to have day-to-day control of the business operated under the licence—a person who is to have day-to-day control; or

(b) the relevant premises are not suitable premises for the licence. Note Suitable person, to hold a licence or permit—see s 67. (2) A representation about an application may be given to the commissioner only during the public consultation period for the Note Public consultation period, for an application—see s 36. (3) A person who gives the commissioner a representation about an application may, in writing, withdraw the representation at any time before the application is decided. Note In deciding whether a person or premises are suitable for a licence, the commissioner must consider public consultation representations received under this section (see s 68 and s 76).

36 What is the public consultation period?—div 2.4 (1) In this division: public consultation period, for an application, means— (a) the period prescribed by regulation; or (b) if the period prescribed is extended under subsection (2)—the prescribed period as extended. (2) The commissioner may give public notice to extend the public consultation period for an application. Note 1 Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). Note 2 The commissioner may extend the public consultation period after it has ended (see Legislation Act, s 151C). (3) If the commissioner extends the public consultation period under subsection (2), the commissioner must give the applicant written notice of the extension.

37 Licence—amendment initiated by commissioner (1) The commissioner may, by written notice (an amendment notice) given to a licensee, amend the licence if satisfied that— licence as amended: (ii) each close associate of the licensee; (iii) if the licensee is a corporation—each influential person for the licensee; (iv) if someone other than the licensee has, or is to have, licence—each person who has, or is to have, day-to-day control; and (b) if the commissioner requires the licensee to give information about another person under section 71 (2) (c)—the information does not affect the licensee’s suitability to hold the licence; and (c) for a licence other than a catering licence—the licensed premises are suitable premises for the licence as amended. (2) However, the commissioner may amend the licence only if— (a) the commissioner has given the licensee written notice (a proposal notice) of the proposed amendment; and

(b) the proposal notice states that written comments on the proposal may be made to the commissioner before the end of a stated period of at least 14 days after the day the proposal notice is given to the licensee; and (c) after the end of the stated period, the commissioner has considered any comments made in accordance with the notice. (3) Subsection (2) does not apply if the licensee applied for, or agreed in writing to, the amendment. (4) The amendment takes effect on the day the amendment notice is given to the licensee or a later day stated in the notice.

38 Licence—amendment on application by licensee (1) A licensee may apply to the commissioner to amend the licence. (2) A licensee must apply to the commissioner for amendment of the licence if someone else is to— (a) become a close associate of the licensee; or (b) if the licensee is a corporation—become an influential person for the licensee; or (c) have day-to-day control of the business operated under the licence. (3) If a licensee applies to the commissioner to amend an on licence from 1 subclass to another, the licensee must comply with the public consultation provisions in division 2.4 (Licences—public consultation). Example—amendment from 1 subclass to another restaurant and cafe licence to nightclub licence

(4) The commissioner may amend the licence only if satisfied that— licence as amended: (ii) each close associate of the licensee; (iii) if the licensee is a corporation—each influential person for the licensee; (iv) if someone other than the proposed licensee has, or is to have, day-to-day control of the business operated under the licence—a person who has, or is to have, day-to-day control; and (b) if the commissioner requires the licensee to give information about another person under section 71 (2) (c)—the information does not affect the licensee’s suitability to hold the licence; and (c) for a licence other than a catering licence—the licensed premises are suitable premises for the licence as amended. (5) The commissioner must, not later than the required time—

(6) In this section: (a) if the commissioner receives a representation about a person or premises under section 35 (Licence—representations)—90 days after the commissioner receives the representation; (b) if the commissioner requires the licensee to provide a police certificate or other information under section 71 (Commissioner may require police certificate or information for person etc)— 30 days after the day the commissioner receives the certificate or information; (c) if the commissioner requires the licensee to provide a certificate, plan or other information under section 79 (Commissioner may require plan etc for premises)—30 days after the day the commissioner receives the certificate, plan or information; (d) if the commissioner asks the licensee to allow the commissioner to inspect the premises under section 80 (Commissioner may require inspection of premises)—30 days after the day the commissioner inspects the premises; (e) 30 days after the day the commissioner receives the application. Note Failure to amend a licence within the required time is taken to be a decision not to amend the licence (see ACT Civil and Administrative

39 Licence—amendment for change to floor plan of licensed (1) A licensee must apply to the commissioner for amendment of the licence if the licensee intends to change the floor plan of the licensed (2) However, this section does not apply if the licensee intends to change the floor plan only for a licensee event or special event.

(3) The application must— (b) include evidence that the operation of the business under the licence at the premises, as intended to be changed, complies with— (c) include— (i) the final floor plans of the premises, as intended to be changed, approved by the territory planning authority in the development approval for the premises; and (ii) if the licence is a general licence, an on licence (other than a restaurant and cafe licence that is not required to have an approved risk-assessment management plan), a club licence or a special licence—a risk-assessment management plan for the altered licensed premises. (4) The commissioner may amend the licence only if satisfied that the premises as intended to be changed are suitable premises for the licence. Note 2 Suitable premises, for a licence or permit—see s 75. (5) If the commissioner amends a general licence, on licence, club licence or special licence because of the intended changes to the floor plan, the commissioner must also decide— (a) the occupancy loading for each public area at the licensed premises as intended to be changed; and

(b) the adults-only areas (if any) for the licensed premises as intended to be changed. Note 1 Occupancy loading, for a public area at licensed premises or permitted premises—see s 83. Note 2 Adults-only area, for licensed premises or permitted premises— see s 93. (6) The commissioner must, not later than the required time— (a) decide the application for amendment for alteration of licensed (7) In this section: (a) if the commissioner requires the licensee to provide a certificate, plan or other information under section 79 (Commissioner may require plan etc for premises)—30 days after the day the commissioner receives the certificate, plan or information; (b) if the commissioner asks the licensee to allow the commissioner to inspect the premises under section 80 (Commissioner may require inspection of premises)—30 days after the day the commissioner inspects the premises; (c) 30 days after the day the commissioner receives the application. Note Failure to amend a licence within the required time is taken to be a decision not to amend the licence (see ACT Civil and Administrative

40 Licence—application to transfer licence (1) A licensee may apply to the commissioner to transfer the licence to someone else (the proposed new licensee).

(b) include complete details of suitability information about— (i) the proposed new licensee; and (ii) each close associate of the proposed new licensee; and influential person for the proposed new licensee; and licence—each person who is to have day-to-day control; and (c) include a police certificate for each of the following people, dated not earlier than 3 months before the date of the transfer application: (i) the proposed new licensee; (ii) each close associate of the proposed new licensee; influential person for the proposed new licensee; licence—each person who is to have day-to-day control. Note 1 Suitability information, about a person—see s 69. Note 2 Giving false or misleading information is an offence against the Criminal

41 Licence—decision on application to transfer licence (1) This section applies if the commissioner receives an application to transfer a licence under section 40.

(2) The commissioner must transfer the licence to the proposed new licensee only if satisfied that— (i) the proposed new licensee; (ii) each close associate of the proposed new licensee; influential person for the proposed new licensee; licence—each person who is to have day-to-day control; and (b) if the commissioner requires the proposed new licensee to give information does not affect the proposed new licensee’s suitability to hold the licence; and (c) the proposed new licensee complies, and is likely to continue to comply, with the requirements of this Act. Note 1 Suitable person, to hold a licence or permit—see s 67. (a) decide the application for transfer; and

(a) if the commissioner requires the proposed new licensee to provide a police certificate or other information under section 71 (b) 30 days after the day the commissioner receives the application. Note Failure to transfer a licence within the required time is taken to be a decision not to transfer the licence (see ACT Civil and Administrative

44 Licence—replacing when lost, stolen or destroyed (1) The commissioner may issue a replacement licence to a licensee if satisfied that the licensee’s original licence has been lost, stolen or destroyed. (2) For subsection (1), the commissioner may require the licensee to give the commissioner a statement verifying that the original licence has been lost, stolen or destroyed.

45 Licence—surrender (1) A licensee may surrender the licence by giving written notice (a surrender notice) of the surrender to the commissioner. (2) The surrender notice must be accompanied by— (a) the licence; or

(b) if the licence has been lost, stolen or destroyed—a statement verifying that the licence has been lost, stolen or destroyed.

46 Offence—fail to return licence (a) ceases to be a licensee before the licence ends under section 32 (Licence—period in force); and (b) fails to return the licence to the commissioner as soon as practicable, but not later than 21 days, after ceasing to be a licensee.

46A Licence—immediate suspension for failure to pay fee (a) the commissioner gives a licensee a written notice to pay a fee payable under this Act; and (b) the licensee fails to pay the fee within 7 days after the day the notice is given. (2) The commissioner may give the licensee a written notice (the immediate suspension notice) suspending the licence. (3) The suspension takes effect when the immediate suspension notice is given to the licensee. (4) The suspension ends when the fee is paid. Note A failure to pay a fee within 28 days after the day an immediate suspension notice is given is a ground to cancel a licence (see s 183 (3)).

47 What is a permit? permit means— (a) a commercial permit; or (b) a non-commercial permit.

48 What is a commercial permit? commercial permit means a permit that authorises the permit-holder to sell liquor— (a) at a single permitted premises; and (b) of a retail value not exceeding the value stated in the permit; and (c) at the event stated in the permit; and (d) at the permitted times.

49 What is a non-commercial permit? non-commercial permit means a permit that authorises a non-profit organisation to sell liquor— (a) at a single permitted premises; and (b) of a retail value not exceeding the value stated in the permit; and (c) that is— (i) in open containers for consumption at the premises; or

(ii) in sealed containers for consumption off the premises; and (d) if the permit relates to an event—at the event stated in the permit; and (e) at the permitted times.

50 Permit—application (1) A person (a proposed permit-holder) may apply to the commissioner for a permit for stated premises. (b) include complete details of suitability information about— (i) the proposed permit-holder; and (ii) each close associate of the proposed permit-holder; and (iii) if the proposed permit-holder is a corporation—each influential person for the proposed permit-holder; and (iv) the proposed permitted premises; and Suitability information, about premises—see s 78. (c) if the premises are wholly or partly enclosed, include evidence that the operation of the business at the premises under the proposed permit complies with—

(d) if the premises are wholly or partly enclosed, include the following documents (if applicable in relation to the premises): (i) the final floor plans of the premises approved by the territory planning authority in the development approval for the premises; (ii) a certificate of occupancy for the premises; and (e) if the application is for a commercial permit—include a risk- assessment management plan for the premises. Note Giving false or misleading information is an offence against the Criminal

51 Permit—decision on application (1) This section applies if the commissioner receives an application for a permit under section 50. (2) The commissioner must issue the permit to the proposed permit-holder only if satisfied that— (a) if the proposed permit-holder is an individual—the proposed permit-holder is an adult; and (b) each of the following people is a suitable person to hold the permit: (i) the proposed permit-holder; (ii) each close associate of the proposed permit-holder; (iii) if the proposed permit-holder is a corporation—each influential person for the proposed permit-holder; and (c) if the commissioner requires the proposed permit-holder to give information does not affect the proposed permit-holder’s suitability to hold the permit; and

(d) the proposed permitted premises are suitable premises for the permit; and (e) the proposed permit-holder complies, and is likely to continue to comply, with the requirements of this Act; and (f) the proposed permitted premises comply with the requirements of this Act. Note 1 A reference to an Act includes a reference to the statutory instruments (b) tell the proposed permit-holder about the decision on the (a) if the commissioner requires the proposed permit-holder to provide a police certificate or information under section 71 person etc)—90 days after the day the commissioner receives the certificate or other information; (b) if the commissioner requires the proposed permit-holder to provide a certificate, plan or other information under section 79 (Commissioner may require plan etc for premises)—90 days

(c) if the commissioner asks the proposed permit-holder to allow the commissioner to inspect the premises under section 80 (Commissioner may require inspection of premises)—90 days (d) 90 days after the day the commissioner receives the application. Note Failure to issue a permit within the required time is taken to be a decision not to issue the permit (see ACT Civil and Administrative Tribunal

52 Permit—occupancy loading (1) This section applies if the commissioner decides to issue a permit for premises that are wholly or partly enclosed. (2) The commissioner may also decide the occupancy loading for each public area in each enclosed part of the premises. Note Occupancy loading, for a public area at licensed premises or permitted premises—see s 83.

53 Permit—adults-only areas (1) This section applies if the commissioner decides to issue a permit for premises that are wholly or partly enclosed. (2) The commissioner must also decide the adults-only areas (if any) for the permitted premises. Note Adults-only areas, for licensed premises or permitted premises—see s 93.

54 Permit—form (1) A permit must— (i) the class of the permit;

(ii) the name of the permit-holder; (iii) if the permit-holder carries on business under a name other than the permit-holder’s name—the name under which the permit-holder carries on business; (iv) the address or location of the permitted premises; (v) the permitted times when— (A) liquor to be consumed at the permitted premises may be sold (if any); and (B) liquor to be consumed off the permitted premises may be sold (if any); (vi) the conditions on the permit; (vii) anything else prescribed by regulation. (2) A permit may include anything else the commissioner considers relevant.

55 Permit—conditions (1) A permit is subject to the condition that— (a) the permit-holder must comply with this Act; and (b) the permitted premises must comply with this Act. (2) A permit is subject to any other condition— (b) imposed by the commissioner when the permit is issued, renewed or amended.

(3) Without limiting subsection (2) (b), the commissioner may impose 1 or more of the following conditions on a permit: (a) that stated inspection requirements must be complied with; (b) that stated reporting requirements must be complied with; (c) that stated records must be kept; (d) that security guards or additional security guards must be engaged generally or for stated events; (e) that staff and security guards must be trained to a required level of competency; (f) that people must not be allowed to enter the permitted premises after a stated time; (g) that any liquor guidelines made by the commissioner under section 223 must be complied with; (h) that liquor must not be served in glass after midnight; (i) that shots of liquor must not be served after midnight. Note Permits may be amended under s 57 or 58. Non-commercial permits may be renewed under s 62.

56 Permit—term (1) A permit comes into force on the day stated in the permit. (2) The commissioner must not issue a permit for longer than 1 year. (3) A permit expires on the day stated in the permit. (4) However, the commissioner may decide on reasonable grounds that a permit expires on another day. (5) If the commissioner makes a decision under subsection (4) for a class of permit, the decision is a notifiable instrument.

Division 3.3 Permits—amendment, transfer, renewal, etc

57 Permit—amendment initiated by commissioner (1) The commissioner may, by written notice (an amendment notice) given to a permit-holder, amend the permit if satisfied that— permit as amended: hold the permit; and (c) the permitted premises are suitable premises for the permit as Note 1 Amend includes amend, impose or remove a permit condition—see the (2) However, the commissioner may amend the permit only if— (a) the commissioner has given the permit-holder written notice (a proposal notice) of the proposed amendment; and

(b) the proposal notice states that written comments on the proposal may be made to the commissioner before the end of a stated period of at least 14 days after the day the proposal notice is given to the permit-holder; and (c) after the end of the stated period, the commissioner has considered any comments made in accordance with the notice. (3) Subsection (2) does not apply if the permit-holder applied for, or agreed in writing to, the amendment. (4) The amendment takes effect on the day the amendment notice is given to the permit-holder or a later day stated in the notice.

58 Permit—amendment on application by permit-holder (1) A permit-holder may apply to the commissioner to amend the permit. (2) A permit-holder must apply to the commissioner for amendment of the permit if someone else is to become— (a) a close associate of the permit-holder; or (b) if the permit-holder is a corporation—an influential person for the permit-holder. (3) The commissioner may amend the permit only if satisfied that— permit as amended: hold the permit; and

(c) the permitted premises are suitable premises for the permit as Note 1 Amend includes amend, impose or remove a permit condition—see the (4) The commissioner must, not later than the required time— (b) tell the permit-holder about the decision on the application. (a) if the commissioner requires the permit-holder to provide a (b) if the commissioner requires the permit-holder to provide a (Commissioner may require plan etc for premises)—30 days (c) if the commissioner asks the permit-holder to allow the (Commissioner may require inspection of premises)—30 days

(d) 30 days after the day the commissioner receives the application. Note Failure to amend a permit within the required time is taken to be a decision not to amend the permit (see ACT Civil and Administrative 59 Permit—not transferable A permit is not transferable. 60 Permit—commercial permit not renewable A commercial permit is not renewable. 61 Permit—application for renewal of non-commercial (1) A non-commercial permit-holder may apply to the commissioner to renew the permit for a period not longer than 1 year. (2) The application must be— (a) in writing; and (b) received by the commissioner at least 30 days before the permit expires. (3) However, the commissioner may extend the time for making an Note A non-commercial permit-holder may apply to the commissioner for the time to be extended, and the commissioner may extend the time, even though the time has ended (see Legislation Act, s 151C). (4) If a non-commercial permit-holder applies to renew a permit under this section, the permit remains in force until the application is decided.

62 Permit—decision on application for renewal of non-commercial permit renewal of a non-commercial permit under section 61. (2) The commissioner must renew the permit only if satisfied that— (a) each of the following people continues to be a suitable person to hold the permit: continue to hold the permit; and (c) the permitted premises continue to be suitable premises for the Note 1 Suitable person, to hold a licence or permit—see s 67. (a) decide the application for renewal; and (b) tell the permit-holder about the decision on the application.

required time is the latest of the following: (a) if the commissioner requires the permit-holder to provide a (b) if the commissioner requires the permit-holder to provide a (Commissioner may require plan etc for premises)—30 days (c) if the commissioner asks the permit-holder to allow the (Commissioner may require inspection of premises)—30 days (d) 30 days after the day the commissioner receives the application. Note Failure to renew a permit within the required time is taken to be a decision not to renew the permit (see ACT Civil and Administrative Tribunal

63 Permit—replacing when lost, stolen or destroyed (1) The commissioner may issue a replacement permit to a permit-holder if satisfied that the permit-holder’s original permit has been lost, stolen or destroyed. (2) For subsection (1), the commissioner may require the permit-holder to give the commissioner a statement verifying that the original permit has been lost, stolen or destroyed.

64 Permit—surrender (1) A permit-holder may surrender the permit by giving written notice (a surrender notice) of the surrender to the commissioner. (2) The surrender notice must be accompanied by— (a) the permit; or (b) if the permit has been lost, stolen or destroyed—a statement verifying that the permit has been lost, stolen or destroyed.

65 Non-commercial permit—cancellation (1) The commissioner may, by written notice (a cancellation notice), given to a permit-holder, cancel the permit if satisfied that the non-commercial permit-holder has failed to comply with the permit. Note 1 A decision under this subsection is a reviewable decision (see s 220). (2) The cancellation takes effect on the day the cancellation notice is given to the permit-holder or a later day stated in the notice.

66 Offence—fail to return permit (a) ceases to be a permit-holder before the permit expires under section 56 (Permit—term); and (b) fails to return the permit to the commissioner as soon as practicable, but not later than 21 days, after ceasing to be a

Part 4 Suitability of people and premises for licences and permits

Division 4.1 Suitability of people for licences and permits

67 Who is a suitable person? suitable person, to hold a licence or permit, means a person who the commissioner is satisfied is a suitable person to hold the licence or

68 Commissioner must consider suitability information, etc In deciding whether a person is a suitable person to hold a licence or permit, the commissioner must consider each of the following: (a) suitability information about the person; (b) any police certificate or other information about the person (ii) section 40 (Licence—application to transfer licence); or (iii) section 71 (Commissioner may require police certificate or information for person etc); (c) any public consultation representation about the person received by the commissioner under section 35 (Licence— representations).

69 What is suitability information about a person? suitability information, about a person, means information about the (a) any conviction of, or finding of guilt against, the person for an offence against 1 or more of the following: (i) this Act; (ii) a law of another jurisdiction corresponding, or substantially corresponding, to this Act; (iii) the Crimes Act 1900; (iv) the Criminal Code; (v) the Crimes Act 1914 (Cwlth); (vi) the Commonwealth Criminal Code; (vii) the Unlawful Gambling Act 2009; (viii) the Competition and Consumer Act 2010 (Cwlth); (ix) the Fair Trading (Australian Consumer Law) Act 1992; (x) the Australian Consumer Law (ACT) or a corresponding law of a State; (xi) a law in force in Australia or elsewhere relating to the supply or consumption of liquor; (xii) a law of the ACT with a maximum penalty of imprisonment for 1 year or more;

(xiii) a law elsewhere that, if the offence were committed in the ACT, would have a maximum penalty of imprisonment for 1 year or more; Note A reference to an Act (including a Commonwealth Act) includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (b) any proven noncompliance by the person with a legal obligation in relation to the supply of liquor; 1 a commissioner’s direction has been made against the licensee 2 an emergency closure order has been made against the licensee 3 the person has had a licence suspended (c) any refusal of an application by the person for a licence, permit or other authority (however described) in relation to the supply of liquor; (d) whether the person complies with the requirements of this Act; (e) if the person is an individual—whether the person is, or during the preceding 5 years was— (i) bankrupt or personally insolvent; or (ii) involved in the management of a corporation when the corporation was insolvent; Note Bankrupt or personally insolvent—see the Legislation Act, dict. (f) if the person is a corporation— (i) whether the person is, or during the preceding 5 years was, insolvent; or (ii) whether each influential person for the corporation is a suitable person to hold the licence or permit; (g) if the person is a club—whether the club is an eligible club;

(h) if the person is a non-profit organisation—whether the organisation operates on a not-for-profit basis; (i) the person’s knowledge and understanding of the obligations under this Act applying in relation to the licence or permit; (j) any other matter relevant to the person’s ability to safely and responsibly supply liquor. insolvent—a corporation is taken to be insolvent if the corporation— (a) is being wound up; or (b) has had a receiver or other controller appointed; or (c) has entered into a deed of company arrangement with its creditors; or (d) is otherwise under external administration under the Corporations Act, chapter 5.

69A Non-suitability—criminal activity (1) This section applies to a person if— (a) the person was involved with a licence or permit; and (b) a cancellation order for the licence or permit was made under part 11B (Cancellation of licence or permit for criminal activity); and criminal activity of the person. (2) The person is taken not to be a suitable person to hold a licence or permit for a period of 5 years after the order was made unless the order is sooner revoked under section 187K.

(3) In this section: involved, with a licence or permit—see section 187H.

70 What is an eligible club? eligible club means a club that— (a) is established for 1 or more of the following purposes: (i) recreation; (ii) promoting social, religious, political, literary, scientific, artistic, sporting or athletic purposes; (iii) a purpose prescribed by regulation; and (b) has a constitution or set of rules that— (i) requires the nomination or election of financial members or foundation members to manage the affairs of the club; and (ii) requires the club to keep records of nominations and elections for 2 years or more; and (iii) requires the club to hold a meeting of its members at least once every 3 years to nominate or elect members to manage the affairs of the club; and (iv) subject to paragraph (c), prohibits the supply of liquor to a person who is not a member of the club unless the person is on the club premises— (A) at the invitation of a club member who is also on the club premises; and (B) with the consent of the club; and

(v) prohibits the payment of a commission, profit or allowance from, or on receipts from, the supply of liquor at the club (c) may allow the supply of liquor to a person who is on the club premises as a temporary member of the club under the Gaming Machine Act 2004; and (d) has a membership of at least— (i) 200 adult financial members; or (ii) if the club has held a club licence continuously since before 1 June 1979 under the Liquor Act 1975 or this Act— 150 adult financial members.

71 Commissioner may require police certificate or information for person etc whether a person is a suitable person to hold a licence or permit. (2) The commissioner may, by written notice given to the person (a personal information notice), require the person to give the commissioner 1 or more of the following not later than a stated reasonable time: (a) a police certificate for 1 or more of the following people, dated not earlier than 3 months before the date of the personal information notice: (i) the person; (ii) a close associate of the person; (iii) if the person is a corporation—an influential person for the person;

(iv) if someone other than the proposed licensee is to have licence and the decision relates to suitability for a licence— each person who is to have day-to-day control; (b) other stated information about the person; (c) a police certificate or other stated information about anyone else the commissioner suspects on reasonable grounds is in a position to exercise significant influence over the conduct of the Examples—par (c) 1 domestic partner, parent, child or sibling of, or a member of the same household as the person 2 close friend of the person 3 someone else who has regular contact with the related person (3) A personal information notice must also tell the person that giving false or misleading information is an offence against the Criminal Code, section 338 (Giving false or misleading information).

72 Commissioner need not decide suitability if certificate etc not provided (a) the commissioner has given a person a personal information notice under section 71; and (b) the person does not give the commissioner the certificate or information in accordance with the notice. (2) The commissioner need not decide whether the person is a suitable person to hold a licence or permit.

73 Offence—ongoing duty to update person’s suitability information (1) This section applies to a person if— (a) the commissioner— (i) is deciding whether the person is a suitable person to hold a licence or permit; or (ii) has decided that the person is a suitable person to hold a licence or permit and the person is operating under the (b) the person has given the commissioner suitability information about the person. (a) the person’s suitability information changes; and (b) the person does not tell the commissioner about the change as soon as practicable, but not later than 7 days after the change happens. (3) This section does not apply if the person— (a) was not aware of the change until later than 7 days after the change happened; and (b) told the commissioner about the change as soon as the person became aware of the change.

Division 4.2 Suitability of premises for licences and permits

74 Who is the responsible person for premises?—div 4.2 responsible person, for premises, means— (a) for a licence for the premises—the licensee or proposed licensee; or (b) for a permit for the premises—the permit-holder or proposed

75 What are suitable premises? suitable premises, for a licence or permit, means premises that the commissioner is satisfied are suitable premises for the licence or

76 Commissioner must consider suitability information, etc In deciding whether premises are suitable premises for a licence or permit, the commissioner must consider each of the following: (a) suitability information about the premises; (b) any certificate, plan or other information about the premises (ii) section 39 (Licence—amendment for change to floor plan of licensed premises); or (iii) section 50 (Permit—application); or (iv) section 79 (Commissioner may require plan etc for premises);

(c) any public consultation representation about the premises received by the commissioner under section 35 (Licence— (d) the results of any inspection of the premises by the commissioner under section 80 (Commissioner may require inspection of premises).

77 Commissioner must decide premises not suitable in some circumstances (1) The commissioner must decide that premises are not suitable premises for a licence or permit if— (a) the premises do not comply with the requirements of— (i) this Act; or (ii) the Building Act 2004; or (iii) the Planning Act 2023; or (b) use of the premises in accordance with the licence or permit would not be within the purpose of the lease for the land on which the premises are located; or (c) if a risk-assessment management plan is required under section 25 (Licence—application), section 50 (Permit— application), or section 79 (Commissioner may require plan etc for premises)—the commissioner does not approve the risk-assessment management plan. Note The commissioner approves risk-assessment management plans under s 90.

(2) However, the commissioner may decide that the premises are suitable premises for the licence or permit if satisfied that, in all the circumstances, it would be unreasonable to find the premises unsuitable.

78 What is suitability information about premises? suitability information, about premises, means information about the (a) any conviction of, or finding of guilt against, 1 or more of the following people for an offence against this Act involving the premises: (i) the responsible person for the premises; (ii) a close associate of the responsible person for the premises; (iii) if the responsible person for the premises is a corporation—an influential person for the corporation; (b) any proven noncompliance of the premises with a legal obligation in relation to the supply of liquor while 1 or more of the following people was involved in a business operated at the premises: (i) the responsible person for the premises; (ii) a close associate of the responsible person for the premises; (iii) if the responsible person for the premises is a corporation—an influential person for the corporation; the premises are licensed premises and the licence has been suspended

(c) any refusal of an application for a licence, permit or other authority (however described) in relation to the supply of liquor at the premises; (d) whether the premises comply with the requirements of— (i) this Act; and (ii) the Building Act 2004; and (iii) the Planning Act 2023; (e) whether use of the premises in accordance with the licence or permit would be within the purpose of the lease for the land on which the premises are located; (f) the fire safety of the premises; (g) the level of noise likely to emanate from the premises if used in accordance with the licence or permit; (h) whether use of the premises in accordance with the licence or permit would be likely to attract a large number of people and, if so, the risk to community safety; (i) whether use of the premises in accordance with the licence or permit would be likely to cause undue disturbance, inconvenience or offence to people— (i) lawfully at adjacent or nearby premises; or (ii) because of the premises’ proximity to a place of public worship, a hospital, residential premises, or a school; (j) any other matter relevant to the appropriateness of the premises in relation to the supply of liquor. Note 1 Supply includes sell (see dict). Note 2 The commissioner must consider the suitability information for premises when deciding to issue or amend a licence, or issue, amend or renew a permit. The commissioner does not consider the suitability information

for premises when deciding an application to transfer a licence to someone else (see s 41).

79 Commissioner may require plan etc for premises whether premises are suitable premises for a licence or permit. (2) The commissioner may, by written notice given to the responsible person for the premises (a premises information notice), require the person to give the commissioner 1 or more of the following, not later than a stated reasonable time: (a) evidence that the operation of the business at the premises under the proposed licence or permit complies with— (ii) the territory plan; (b) the final floor plans of the premises approved by the territory planning authority in the development approval for the (c) a certificate of occupancy for the premises; (d) a risk-assessment management plan for the premises; Note 1 See pt 6 (Risk-assessment management plans for licensed premises and permitted premises). Note 2 If the commissioner does not approve the risk-assessment management plan, the commissioner must also decide that the premises are not suitable premises for the licence or permit (see s 77). (e) other stated information about the premises. (3) A premises information notice must also tell the person that giving false or misleading information is an offence against the Criminal Code, section 338 (Giving false or misleading information).

80 Commissioner may require inspection of premises whether premises are suitable premises for a licence or permit. (2) The commissioner may, by written notice given to the responsible person for the premises (an inspection notice), require the person to allow the commissioner to inspect the premises within a stated

81 Commissioner need not decide suitability if requirements not complied with (a) the commissioner has given a person a premises information notice under section 79 and the person does not give the commissioner the certificate, plan or information in accordance with the notice; or (b) the commissioner has given a person an inspection notice under section 80 and the person does not allow the commissioner to inspect the premises in accordance with the notice. (2) The commissioner need not decide whether the premises are suitable premises for the licence or permit.

82 Offence—ongoing duty to update premises’ suitability information (1) This section applies to a responsible person for premises if— (a) the commissioner— (i) is deciding whether the premises are suitable premises for a licence or permit; or (ii) has decided that the premises are suitable premises for a licence or permit and the premises are being used under the

(b) the responsible person has given the commissioner suitability information about the premises. Note Suitability information, about premises—see s 78. (2) A responsible person commits an offence if— (a) the premises’ suitability information changes; and (b) the responsible person does not tell the commissioner about the change as soon as practicable, but not later than 7 days after the change happens. (3) This section does not apply if the responsible person— (a) was not aware of the change until later than 7 days after the change happened; and (b) told the commissioner about the change as soon as the person became aware of the change.

Part 5 Occupancy loading for licensed premises and permitted premises Part 5 Occupancy loading for licensed premises and permitted premises 83 What is occupancy loading? occupancy loading, for a public area at licensed premises or permitted premises, means the maximum number of people allowed in the area.

84 What is a public area? public area, at licensed premises or permitted premises, means an area at the premises that is open to the public. an outdoor dining area

85 Occupancy loading decision (1) This section applies if the commissioner must decide the occupancy loading for a public area at licensed premises or permitted premises. Note Section 28, s 39 and s 52 require the commissioner to decide the occupancy loading for public areas. (2) In deciding the occupancy loading for a public area, the commissioner must consider— (a) the chief officer’s (fire and rescue service) occupancy loading recommendation for the area under section 86; and (b) the building code.

Occupancy loading for licensed premises and permitted premises Part 5 (3) However, the commissioner must not decide an occupancy loading for an area that exceeds the occupancy loading for the area recommended under section 86 by the chief officer (fire and rescue service).

86 Fire engineering study and inspection (1) This section applies if the commissioner must decide the occupancy loading for a public area at licensed premises or permitted premises. (2) The commissioner must ask the chief officer (fire and rescue service) to recommend an occupancy loading for the area as soon as practicable after deciding to— (a) issue a licence under section 27 (Licence—decision on application) or an interim licence under section 27A (Licence— interim licence); or (b) amend the licence under section 39 (Licence—amendment for change to floor plan of licensed premises); or (c) issue the permit under section 51 (Permit—decision on (3) To prepare the recommendation, the chief officer (fire and rescue service) may, by written notice (an occupancy loading notice) given to the responsible person for the premises, require the person to— (a) give the chief officer (fire and rescue service) a fire engineering study for the area not later than a stated reasonable time; or (b) allow the chief officer (fire and rescue service) to inspect the area within a stated reasonable time. (4) In making the recommendation, the chief officer (fire and rescue service) must consider— (a) if the chief officer (fire and rescue service) has required the responsible person for premises to provide a fire engineering study—the fire engineering study; and

Part 5 Occupancy loading for licensed premises and permitted premises (b) if the chief officer (fire and rescue service) has required the responsible person for premises to allow an inspection—the results of the inspection; and (c) the method of determining the number of people in an area under the building code. (5) The chief officer (fire and rescue service) must give the commissioner the officer’s occupancy loading recommendation for an area as soon as practicable after— (a) the commissioner’s request; and (b) the responsible person for the premises— (i) provides the study (if required); and (ii) allows the inspection (if required).

87 Commissioner not to issue licence or permit if requirement not complied with (1) This section applies if the chief officer (fire and rescue service) has given a person an occupancy loading notice for premises and the person does not comply with the notice. (2) The commissioner must not issue or amend the licence, or issue the permit, for the premises until the notice is complied with.

Part 6 Risk-assessment management plans for licensed premises and

88 What is a risk-assessment management plan? risk-assessment management plan, for licensed premises or permitted premises, means a plan that— (a) details procedures, practices and arrangements for conducting the business of selling liquor at the premises; and (b) includes anything prescribed by regulation. Examples—what risk-assessment management plan may contain 1 how the premises are lit 2 what noise mitigation measures are in place 3 what security measures are in place

89 What is an approved risk-assessment management plan? approved risk-assessment management plan, for licensed premises or permitted premises, means a risk-assessment management plan approved under section 90 for the premises.

90 Risk-assessment management plan—approval (1) The commissioner may approve a risk-assessment management plan for licensed premises or permitted premises only if satisfied that the procedures, practices and arrangements in the plan are consistent with the harm minimisation and community safety principles.

(2) If the commissioner decides to approve a risk-assessment management plan for licensed premises or permitted premises, the commissioner must give the licensee or permit-holder written notice that the plan has been approved.

90A Risk-assessment management plan—availability The commissioner must not make a risk-assessment management plan, or an approved risk-assessment management plan, for licensed premises or permitted premises available to anyone, other than the licensee or permit-holder, unless required to do so by this Act or another law in force in the Territory.

90B Risk-assessment management plan—direction to prepare plan (a) licensed premises operated under a restaurant or cafe licence does not have an approved risk-assessment management plan; and (b) the commissioner is satisfied that the premises requires an approved risk-assessment management plan. (2) The commissioner may, by written notice given to the licensee, direct the licensee to— (a) prepare a risk-assessment management plan; and (b) submit the plan for approval under section 90. (3) In giving the notice to the licensee, the commissioner must tell the licensee that the plan must be submitted to the commissioner before the end of a stated period of at least 14 days after the day the notice is given. (4) In responding to a notice under this section, the licensee must comply with any requirements prescribed by regulation.

(5) The commissioner may, in writing, require the licensee to allow the commissioner to inspect the premises within a stated reasonable time.

90C Approved risk-assessment management plan— amendment on direction from commissioner (1) This section applies if an approved risk-assessment management plan is in force for licensed premises or permitted premises. (2) The commissioner may, by written notice (an amendment notice) given to the licensee or permit-holder, direct the licensee or permit-holder to amend the plan in the way stated in the notice. (3) In giving the notice to the licensee or permit-holder (the respondent), the commissioner must tell the respondent that an amendment of the plan must be submitted to the commissioner before the end of a stated period of at least 14 days after the day the notice is given. (4) In responding to a notice under this section, the respondent must comply with any requirements prescribed by regulation. (5) The commissioner may, in writing, require the respondent to allow the commissioner to inspect the premises within a stated reasonable

91 Approved risk-assessment management plan— amendment on application (1) This section applies if an approved risk-assessment management plan is in force for licensed premises or permitted premises. (2) The licensee or permit-holder may apply to the commissioner to amend the approved risk-assessment management plan. Example—amendment to change a procedure about how the licensee is to deal with intoxicated people (3) In applying to amend an approved risk-assessment management plan, the applicant must comply with any requirement prescribed by

(4) The commissioner may, in writing, require the applicant to— (a) give the commissioner additional information or documents that the commissioner reasonably needs to decide the application; or (b) allow the commissioner to inspect the premises within a stated (5) If the applicant does not comply with a requirement under subsection (3) or (4), the commissioner may refuse to consider the

92 Approved risk-assessment management plan—decision on amendment (1) This section applies if the commissioner receives an application to amend an approved risk-assessment management plan under section 91. (2) The commissioner may amend the approved risk-assessment management plan only if satisfied that— (a) the plan as amended would include procedures, practices and arrangements consistent with the harm minimisation and community safety principles; and (b) any requirements prescribed by regulation have been complied with. Note A decision under s (2) is a reviewable decision (see s 220).

section 91—90 days after the day the commissioner receives the additional information or documents; (b) if the commissioner requires the applicant to allow the commissioner to inspect the premises under section 91—90 days (c) 90 days after the day the commissioner receives the application. Note Failure to amend an approved risk-assessment management plan within the required time is taken to be a decision not to amend the plan (see ACT Civil and Administrative Tribunal Act 2008, s 12).

92A Offence—licensee fail to comply with direction to prepare approved risk-assessment management plan A licensee commits an offence if— (a) the licensee is given a direction to prepare an approved risk-assessment management plan under section 90B; and (b) the licensee fails to comply with the direction.

92B Offence—failure to amend approved risk-assessment (1) A licensee commits an offence if— (a) the licensee is given an amendment notice under section 90C (2) (Approved risk-assessment management plan—amendment on direction from commissioner); and

(b) the licensee fails to comply with the notice. (2) A permit-holder commits an offence if— (a) the permit-holder is given an amendment notice under section 90C (2); and (b) the permit-holder fails to comply with the notice.

Adults-only areas for licensed premises and permitted premises Part 7 Adults-only area decisions Division 7.1 Part 7 Adults-only areas for licensed premises and permitted premises Division 7.1 Adults-only area decisions 93 What is an adults-only area? adults-only area, for licensed premises or permitted premises, means an area decided by the commissioner to be an adults-only area under section 94.

94 Adults-only areas decision (1) This section applies if the commissioner must decide the adults-only areas for licensed premises or permitted premises. Note Section 29, s 39 and s 53 require the commissioner to decide adults-only areas for premises. (2) In deciding the adults-only areas of premises, the commissioner must consider— (a) the purpose of the licensed premises or permitted premises; and (b) the layout of the licensed premises or permitted premises. (3) If the commissioner decides that licensed premises are to include an adults-only area, the commissioner may also decide the times when the area is to be used as an adults-only area. Note In making a decision under this Act, a decision-maker must have regard to the harm minimisation and community safety principles (see s 10).

Part 7 Adults-only areas for licensed premises and permitted premises Division 7.2 Approvals for young people’s event in adults-only area at licensed Division 7.2 Approvals for young people’s event in adults-only area at licensed premises 95 Young people’s event approval—application (1) A licensee may apply to the commissioner for approval to conduct a young people’s event in an adults-only area of the licensed premises. (b) include details of— (i) the day and time when the event is to start; and (ii) the day and time when the event is to end; and (iii) the name of each person who is to work at the event; and (iv) a police certificate for each person who is to work at the event, dated not earlier than 3 months before the date of the application; and (v) anything else prescribed by regulation. Note Giving false or misleading information is an offence against the Criminal (3) The commissioner may, in writing, require the applicant to— (a) give the commissioner additional information or documents that the commissioner reasonably needs to decide the application; or (b) allow the commissioner to inspect the premises within a stated (4) If the applicant does not comply with a requirement under subsection (3), the commissioner may refuse to consider the

Adults-only areas for licensed premises and permitted premises Part 7 Approvals for young people’s event in adults-only area at licensed

Division 7.2

96 Young people’s event approval—decision approval to conduct a young people’s event under section 95. (2) The commissioner may issue the approval to the applicant only if satisfied that the applicant satisfies the criteria prescribed by (a) decide the application for approval; and section 95—90 days after the day the commissioner receives the application; (b) if the commissioner requires the applicant to allow the commissioner to inspect the premises under section 95—90 days (c) 90 days after the day the commissioner receives the application. Note Failure to approve the conduct of a young people’s event within the required time is taken to be a decision not to approve the event (see ACT Civil and Administrative Tribunal Act 2008, s 12).

97 Young people’s event approval—form (1) A young people’s event approval must— (i) the name of the licensee;

Part 7 Adults-only areas for licensed premises and permitted premises Division 7.2 Approvals for young people’s event in adults-only area at licensed (ii) the day and time when the event is to start; (iii) the day and time when the event is to end; (iv) the name of each person approved to work at the event; (v) the conditions on the approval; (vi) anything else prescribed by regulation. (2) A young people’s event approval may include anything else the commissioner considers relevant.

98 Young people’s event approval—conditions A young people’s event approval is subject to any condition— (b) imposed by the commissioner when the approval is issued.

99 Young people’s event approval—term (1) A young people’s event approval comes into force on the day and at the time stated in the approval. (2) An approval expires at the earlier of the following times: (a) the day and time stated in the approval; (b) 24 hours after the approval comes into force.

Responsible service of alcohol Division 8.1

Part 8 Conduct at licensed premises and permitted premises

100 Offence—supply liquor without RSA certificate—licensee Note Supply includes sell—see dict. (b) an employee of the person supplies liquor to someone else; and

(d) the employee does not hold a current RSA certificate. (b) an employee of the person supplies liquor to someone else; and (d) the employee does not hold a current RSA certificate. (6) For this section, a licensee or commercial permit-holder that is a corporation holds a current RSA certificate, if each person in the corporation having day-to-day control of the premises operated under the licence or commercial permit holds a current RSA certificate.

101 Offence—supply liquor without RSA certificate— employee

Responsible service of alcohol Division 8.1 (a) the person is an employee of a commercial permit-holder; and

102 Offence—crowd controller without RSA certificate (b) a crowd controller is working as a crowd controller at the (c) the crowd controller does not hold a current RSA certificate. (b) a crowd controller is working as a crowd controller at the (c) the crowd controller does not hold a current RSA certificate.

(3) A person commits an offence if the person— (a) is a crowd controller; and (b) is working as a crowd controller at licensed premises; and (c) does not hold a current RSA certificate. (4) A person commits an offence if the person— (a) is a crowd controller; and (b) is working as a crowd controller at permitted premises; and (c) does not hold a current RSA certificate. Note Crowd controllers are regulated under the Security Industry Act 2003.

103 Offence—fail to keep RSA certificates (b) fails to keep a copy of a current RSA certificate for each of the following people: (ii) each person employed to supply liquor at— (A) if the licensee holds a catering licence—the catered (B) in any other case—the licensed premises;

(iii) each crowd controller working as a crowd controller at the licensed premises. (a) is a commercial permit-holder; and (b) fails to keep a copy of a current RSA certificate for each of the following people: (ii) each person employed to supply liquor at the permitted (iii) each crowd controller working as a crowd controller at the

104 What is intoxicated? (1) For this Act, a person is intoxicated if— (a) the person’s speech, balance, coordination or behaviour is noticeably affected; and (b) it is reasonable in the circumstances to believe that the affected speech, balance, coordination or behaviour is the result of the consumption of— (i) liquor; or (ii) a drug; or

(iii) a combination of liquor and a drug. drug—see the Road Transport (Alcohol and Drugs) Act 1977, dictionary, definition of drug, paragraphs (a) and (b).

105 Offence—supply liquor to intoxicated person—licensee (b) an employee of the licensee supplies liquor to another person; and

(b) an employee of the permit-holder supplies liquor to another (6) In a prosecution for an offence against this section, a substance Note A person rebutting the presumption in s (6) has an evidential burden in

106 Offence—supply liquor to intoxicated person—employee (a) the person is an employee of a permit-holder; and (4) In a prosecution for an offence against this section, a substance

Note A person rebutting the presumption in s (4) has an evidential burden in

107 Offence—supply liquor to intoxicated person—other (a) the person supplies liquor to another person; and (b) the other person is intoxicated; and (3) This section does not apply to— (a) for supply at licensed premises or catered premises— (b) for supply at permitted premises— (ii) an employee of the permit-holder. Note 1 A licensee or permit-holder commits an offence if the licensee or permit- holder supplies liquor to an intoxicated person (see s 105). Note 2 An employee of a licensee or permit-holder commits an offence if the employee supplies liquor to an intoxicated person (see s 106).

108 Offence—abuse, threaten, intimidate staff (a) a staff member at premises refuses to supply liquor to the person because the person is intoxicated; and (b) the person engages in abusive, threatening or intimidating behaviour towards the staff member; and (c) the behaviour is because of the refusal. (a) a staff member refuses to supply liquor to an intoxicated person; and (b) the person engages in abusive, threatening or intimidating behaviour towards the staff member; and (c) the behaviour is because of the refusal.

110 Offence—supply liquor to child or young person—

(d) the supply happens at permitted premises. (b) an employee of the licensee supplies liquor or low-alcohol liquor to another person; and

(b) an employee of the permit-holder supplies liquor or low-alcohol liquor to another person; and (6) This section does not apply in relation to a young person if the young mentioned in s (6) (see Criminal Code, s 58). (7) In a prosecution for an offence against this section, a substance

Note A person rebutting the presumption in s (7) has an evidential burden in

111 Offence—supply liquor to child or young person— employee (a) the person is an employee of a permit-holder; and

(4) This section does not apply in relation to a young person at licensed premises or catered premises if the young person— (ii) the licensee; (5) This section does not apply in relation to a young person at permitted premises if the young person— (ii) the permit-holder; mentioned in s (5) (see Criminal Code, s 58). (6) In a prosecution for an offence against this section, a substance

Note A person rebutting the presumption in s (6) has an evidential burden in

112 Offence—supply liquor to child or young person—other (d) the person is a person other than— (i) for supply at licensed premises or catered premises— (A) a licensee; or (B) an employee of the licensee; or (ii) for supply at permitted premises— (A) a permit-holder; or (B) an employee of the permit-holder.

(3) This section does not apply in relation to a young person at licensed premises or catered premises if the young person— (ii) the licensee; (iii) an employee of the licensee; (iv) a crowd controller working as a crowd controller at the (4) This section does not apply in relation to a young person at permitted premises if the young person— (ii) the permit-holder; (iii) an employee of the permit-holder; (iv) a crowd controller working as a crowd controller at the mentioned in ss (3) and (4) (see Criminal Code, s 58). Note 2 It is an offence to supply liquor to a child or young person in a public place (see s 204).

113 Licensee, permit-holder, etc may refuse to supply liquor without identification document (1) A staff member at premises may refuse to supply liquor or low-alcohol liquor to a person if, when asked, the person does not show the staff member an identification document identifying the person as an adult. (2) This section does not limit the circumstances in which a person may refuse to supply liquor or low-alcohol liquor.

114 Offence—child or young person consume liquor— (b) another person consumes liquor or low-alcohol liquor at— (b) another person consumes liquor or low-alcohol liquor at the

(4) This section does not apply in relation to a young person at premises if the young person—

115 Offence—child or young person consume liquor (b) consumes liquor or low-alcohol liquor at—

116 Offence—child or young person possess liquor—licensee

(b) another person possesses liquor or low-alcohol liquor at— (b) another person possesses liquor or low-alcohol liquor at the (4) This section does not apply in relation to a young person if the young person possesses the liquor or low-alcohol liquor in the course of— (5) This section does not apply in relation to a young person at premises if the young person—

mentioned in ss (4) and (5) (see Criminal Code, s 58).

117 Offence—child or young person possess liquor (b) possesses liquor or low-alcohol liquor at— (2) This section does not apply to a young person if the young person possesses the liquor or low-alcohol liquor in the course of— Note 2 A police officer may caution a child or young person in relation to this

118 Offence—child or young person supply liquor—licensee (b) the person employs a child or young person; and (c) the child or young person supplies liquor; and

(d) the liquor is supplied in an adults-only area of the licensed (b) the person employs a child or young person; and (c) the child or young person supplies liquor; and (d) the liquor is supplied in an adults-only area of the permitted

119 Offence—send child or young person to obtain liquor (a) the person sends another person to buy liquor or low-alcohol liquor at— (b) the other person is a child or young person. (a) the person sends another person to collect liquor or low-alcohol liquor at—

(b) the other person is a child or young person. (3) This section does not apply in relation to a young person if the young person is sent to obtain liquor or low-alcohol liquor in the course of—

120 Offence—child or young person in adults-only area— (b) a child or young person is in an adults-only area of the licensed (b) a child or young person is in an adults-only area of the permitted

(4) This section does not apply if the child or young person is in the care of an adult who— (a) is a parent, step-parent, guardian, person acting in place of a parent, domestic partner or carer of the child or young person; and (b) could reasonably be expected to responsibly supervise the child or young person. Note For the meaning of domestic partner, see the Legislation Act, s 169. (5) This section does not apply in relation to a young person if the young person is in the adults-only area in the course of— (a) the young person’s employment at the licensed premises or (6) This section does not apply in relation to a young person if— (a) the young person is attending an approved young people’s event in the adults-only area; and (b) the event is conducted in accordance with the young people’s event approval. Note Young people’s event approvals are made under s 95 (3). (7) This section does not apply in relation to a young person if the young

mentioned in ss (4), (5), (6) and (7) (see Criminal Code, s 58).

121 Offence—child or young person in adults-only area (1) A person commits an offence if the person is— (a) a child or young person; and (b) in an adults-only area at— (2) This section does not apply to a child or young person if the child or young person is in the care of an adult who— (a) is a parent, step-parent, guardian, person acting in place of a parent, domestic partner or carer of the child or young person; and (b) could reasonably be expected to responsibly supervise the child or young person. Note For the meaning of domestic partner, see the Legislation Act, s 169. (3) This section does not apply to a young person if the young person is in the adults-only area in the course of— (a) the young person’s employment at the licensed premises or Note 1 Employment of children is dealt with in the Children and Young People Act 2008. Note 2 Children and young people must not serve liquor (see s 118).

(4) This section does not apply to a young person if— (a) the young person is attending an approved young people’s event in the adults-only area; and (b) the event is conducted in accordance with the young people’s event approval. mentioned in ss (2), (3) and (4) (see Criminal Code, s 58). Note 2 A police officer may caution a child or young person in relation to this Note 3 Young people’s event approvals are made under s 95 (3).

122 Offence—child or young person use false identification for adults-only area (b) uses a false identification document to obtain entry to an adults-only area at— offence (see s 149). (b) uses a false identification document to remain in an adults-only area at—

123 Offence—fail to mark adults-only areas (b) an adults-only area at the licensed premises is not clearly marked for the public in the way prescribed by regulation. (b) an adults-only area at the permitted premises is not clearly marked for the public in the way prescribed by regulation.

124 Licensee, permit-holder, etc may seize false identification document (1) If a staff member or crowd controller working at licensed premises or permitted premises believes on reasonable grounds that a document shown to the person is a false identification document, the staff member or crowd controller may seize the document. Note A seizure of a document is an incident under s 130.

(2) However, a staff member or crowd controller working at licensed premises or permitted premises must not seize a document that purports to be a passport. (3) As soon as practicable after a staff member or crowd controller working at licensed premises or permitted premises seizes a document, the staff member or crowd controller must give a receipt for it to the person from whom it was seized. (4) A receipt under this section must include the following: (a) a description of the thing seized; (b) an explanation of why the thing was seized; (c) the date and time the thing was seized; (d) the name and address of the premises where the thing was seized; (e) if the thing is moved from the premises where it is seized— where the thing is to be taken. (5) To remove any doubt, a staff member or crowd controller giving a receipt under this section need not sign it. (6) A person commits an offence if the person— (a) is a staff member or crowd controller working at licensed premises or permitted premises; and (b) seizes a document under subsection (1); and (c) does not give the document to the commissioner within 7 days after the document is seized.

125 Offence—exceed occupancy loading (b) the number of people in a public area at the licensed premises is more than the number allowed under the occupancy loading for the area. (b) the commissioner has decided an occupancy loading for a public area at the permitted premises; and (c) the number of people in the public area is more than the number allowed under the occupancy loading for the area.

126 Offence—fail to display occupancy loading sign (b) fails to display a sign about the occupancy loading at the licensed premises in the way prescribed by regulation.

Approved risk-assessment management plans Division 8.5 (b) the commissioner has decided an occupancy loading for a public area at the permitted premises; and (c) the person fails to display a sign about the occupancy loading at the permitted premises in the way prescribed by regulation.

Division 8.5 Approved risk-assessment management plans

127 Offence—fail to comply with approved risk-assessment (b) fails to comply with an approved risk-assessment management plan in force for the licensed premises. (a) is a commercial permit-holder; and (b) fails to comply with an approved risk-assessment management plan in force for the permitted premises. (b) an employee of the licensee fails to comply with an approved risk-assessment management plan in force for the licensed

(b) an employee of the permit-holder fails to comply with an approved risk-assessment management plan in force for the (5) This section does not apply if— (a) a term in the approved risk-assessment management plan for the premises is inconsistent with a condition on the licence, or commercial permit, for the premises; and (b) the defendant complies with the condition. mentioned in s (5) (see Criminal Code, s 58).

130 What is an incident?—div 8.6 incident means an incident— (a) involving violent, unlawful or anti-social behaviour at licensed premises or permitted premises; or (b) involving violent or anti-social behaviour that— (i) occurs in the immediate vicinity of licensed premises or (ii) involves a person who has recently left, or been refused admission to, the premises; or (c) resulting in a person being removed from licensed premises or

Incidents Division 8.6 (d) occurring after midnight and before the time prescribed by regulation resulting in a person at licensed premises or permitted premises requiring medical assistance; or (e) involving the seizure of a document under section 124 (1) (Licensee, permit-holder, etc may seize false identification document); or (f) prescribed by regulation.

131 Incident reporting (1) A licensee or permit-holder must give the commissioner a written report about any incident that happens at licensed premises or (2) The report must include the following details: (a) a description of the incident; (b) the date and time the incident happened; (c) the name, address and contact details of each person connected with the incident including— (i) each employee of the licensee or permit-holder connected with the incident; and (ii) each person working as a crowd controller at the premises connected with the incident; and (iii) each police officer connected with the incident; (d) for a document seized under section 124 (1)— (i) the date and time when the document was seized; and (ii) a copy of the receipt given under section 124 (3); (e) any action taken in relation to the incident.

(3) However, if a police officer deals with the incident, the report— (a) must include— (i) the contact details for the police officer; and (ii) the time the police officer started dealing with the incident; and (b) need not include any further details about the incident that happened after that time. (4) The report must be given to the commissioner within 24 hours after the incident happened.

132 Offence—fail to report incident (b) does not give the commissioner a report under section 131 within 24 hours after an incident happened. (b) does not give the commissioner a report under section 131 within 24 hours after an incident happened.

Breath testing machines Division 8.7 Division 8.7 Breath testing machines

133 What is a breath testing machine?—div 8.7 breath testing machine means a machine that is— (a) designed to measure, by analysing a person’s breath, the concentration of alcohol present in the person’s blood; and (b) of a type specified in AS 3547-1997 (Breath Alcohol Testing Devices for Personal Use) as in force from time to time. Note This standard may be purchased at www.standards.org.au.

134 Offence—fail to display breath testing machine sign (b) a breath testing machine is installed at the licensed premises; and (c) the person fails to display a sign about the breath testing machine in the way prescribed by regulation. (b) a breath testing machine is installed at the permitted premises; and (c) the person fails to display a sign about the breath testing machine in the way prescribed by regulation.

135 Evidence of breath tests (1) This section applies to evidence of the results of a test that indicates the presence or concentration of alcohol in the blood of a person, performed on a breath testing machine installed at licensed premises or permitted premises. (2) The evidence is not admissible— (a) in a civil proceeding against the licensee or permit-holder; or (b) in a criminal proceeding. (3) However, this section does not prevent the admission into evidence in a civil proceeding of the results of the test if it is established that at the time of the test— (a) the breath testing machine did not comply with AS 3547-1997; or (b) the licensee or permit-holder was aware, or should have been aware, that the breath testing machine was not operating correctly; or (c) a sign about the breath testing machine was not displayed as required under section 134.

136 Offence—sell petrol at premises (b) the person sells petrol to another person; and (c) the sale happens at the licensed premises.

(b) the person sells petrol to another person; and (c) the sale happens at the permitted premises. (3) This section does not apply to the sale of petrol at licensed premises prescribed by regulation.

137 Offence—conduct prohibited promotional activities (b) the person conducts a prohibited promotional activity; and (c) the activity is conducted at the licensed premises. (b) the person conducts a prohibited promotional activity; and (c) the activity is conducted at the permitted premises. (b) another person conducts a prohibited promotional activity; and (c) the person knows about the activity; and (d) the activity is conducted at the licensed premises.

(b) another person conducts a prohibited promotional activity; and (c) the person knows about the activity; and (d) the activity is conducted at the permitted premises. prohibited promotional activity means an activity that— (a) encourages excessive or rapid consumption of liquor; or (b) is prescribed by regulation.

138 Offence—remain in or re-enter vicinity of premises (a) the person has been refused admission to or turned out of premises under section 143B; and (b) the person— (i) remains in the vicinity of the premises; or (ii) re-enters the vicinity of the premises within 6 hours after being refused admission or turned out. (2) Subsection (1) does not apply if the person— (a) reasonably fears for the person’s safety if the person does not remain in or re-enter the vicinity of the premises; or (b) must remain in or re-enter the vicinity of the premises to get transport; or

(c) lives in the vicinity of the premises. vicinity of premises means any place that is less than 50m from any point on the boundary of the premises.

139 Offence—consume liquor at off licensed premises (a) the person is an off licensee; and (b) another person consumes liquor at the off licensed premises. (a) the person consumes liquor; and (b) the consumption happens at off licensed premises. (4) This section does not apply if the person consuming the liquor at the premises is— (a) the off licensee; or (b) an employee of the licensee; or (c) a family member of the licensee.

(5) This section does not apply if the person consuming the liquor at the premises was supplied with the liquor for consumption as a sample of liquor available for sale and— (a) there was no charge for the sample; and (b) the sample was consumed at the premises in an area stated to be a sampling area. mentioned in ss (4) and (5) (see Criminal Code, s 58).

139A Offence—take liquor from on licensed premises (a) the person is an on licensee; and (b) another person— (i) buys liquor at the on licensed premises; and (ii) takes the liquor away from the premises. (a) bought liquor at on licensed premises; and (b) takes the liquor away from the premises. (4) This section does not apply if— (a) the person taking the liquor away from the premises is— (i) the on licensee; or (iii) a family member of the licensee; or

(b) the liquor is the unconsumed portion of wine in an opened bottle that the person bought for consumption on the premises with a meal.

140 Offence—sexually explicit entertainment (b) there is sexually explicit entertainment at the licensed premises. Maximum penalty: 50 penalty units, imprisonment for 6 months or (b) there is sexually explicit entertainment at the permitted Maximum penalty: 50 penalty units, imprisonment for 6 months or (3) This section does not apply if— (a) the premises are in a prescribed location; or (b) the entertainment is in a room at the premises used for accommodation. sexual intercourse—see the Crimes Act 1900, section 50 (1). sexually explicit entertainment— (a) means a performance or other entertainment— (i) in which a person displays genitalia; or

(ii) that includes sexual intercourse; and (b) includes a performance, or other entertainment, prescribed by

141 Offence—fail to keep licence or permit at premises (b) fails to keep the licence at the licensed premises. (b) fails to keep the permit at the permitted premises.

142 Offence—fail to keep records in required way (a) is a licensee or permit-holder; and (b) sells liquor; and (c) does not record the sale— (i) in electronic form; and (ii) in a way that is easily retrievable. (a) is a licensee or permit-holder; and

(b) sells liquor; and (c) makes a record of the sale; and (d) does not keep the record for at least 6 years.

143 Offence—club licensee advertise for public attendance (a) the person is a club licensee; and (b) the person publishes a statement; and (c) the statement— (i) constitutes an invitation to the public to attend the licensed (ii) could reasonably be understood as an invitation to the public to attend the licensed premises.

143A Offence—fail to comply with direction to display sign (b) the person is directed, in writing, by the commissioner to display a sign at the licensed premises of the licensee; and (c) the person fails to— (i) display the sign; or (ii) display the sign in accordance with the direction.

(b) the person is directed, in writing, by the commissioner to display a sign at the permitted premises of the permit-holder; and (c) the person fails to— (i) display the sign; or (ii) display the sign in accordance with the direction.

143B Excluding people from premises (1) An authorised person may refuse to admit to, or may turn out of, catered premises, licensed premises or permitted premises a person who is intoxicated, violent, quarrelsome or disorderly. (2) An authorised person may use reasonable force to turn a person out of catered premises, licensed premises or permitted premises under subsection (1). (3) This section does not limit any other right a person has to refuse to admit a person to, or to turn a person out of, catered premises, licensed premises or permitted premises. authorised person means— (a) a police officer; and (b) for catered or licensed premises—

(ii) an employee or agent of the licensee; or (iii) a person working as a crowd controller at the premises; and (c) for permitted premises— (ii) an employee or agent of the permit-holder; or (iii) a person working as a crowd controller at the premises.

143C Definitions—div 8.10 excluded person—see section 143D. exclusion order—see section 143D. exclusion period—see section 143D.

143D Meaning of exclusion order, excluded person and exclusion period An exclusion order is an order made by a magistrate that prohibits a person (the excluded person) from entering or remaining on licensed premises to which the order applies for a stated period (the exclusion period).

143E Application for exclusion order (1) The chief police officer may apply to a magistrate for an exclusion order for a person. (2) At least 2 days before applying for the exclusion order, the chief police officer must notify the commissioner of the chief police officer’s intention to apply for the order.

(3) The application must be in writing and include— (a) a statement of the grounds on which the application is made; and (b) information to support those grounds. (4) The chief police officer must— (a) give a copy of the application to the person; and (b) tell the person the time and date when the application is to be heard. (5) The application may be heard and decided in the absence of the person if the person has been given notice under subsection (4) (b).

143F Making of exclusion order (1) On application under section 143E, a magistrate may make an exclusion order for a person, but only if satisfied that— (a) the person has, in company with others and on 1 or more occasions in the 12 months before the application was made, engaged in violent conduct on or in the immediate vicinity of any licensed premises; and (b) making an exclusion order will reduce the risk to public safety. (2) An exclusion order applies to all licensed premises operated under the following licences: (b) an on licence (other than a restaurant and cafe licence);

(3) However, on application by the chief police officer or the person, the magistrate may decide the exclusion does not apply to particular licensed premises (the relevant premises) if the magistrate is satisfied that— (a) the person has a legitimate and genuine need to be on the (b) allowing the person to be on the premises would not pose a risk to public safety. (4) The exclusion period must be 12 months unless the magistrate considers that a shorter period is appropriate having regard to the nature and seriousness of the conduct. (5) An exclusion order must state— (a) the name of the excluded person; and (b) if there are no relevant premises—that the exclusion applies to all licensed premises mentioned in subsection (2); and (c) if there are relevant premises—that the exclusion applies to all licensed premises other than the relevant premises and the details of the relevant premises; and (d) the exclusion period. (6) The magistrate must give a copy of the exclusion order to— (a) the excluded person; and (b) the chief police officer; and (c) the commissioner.

143G Offence—excluded person on premises contrary to exclusion order (a) is subject to an exclusion order in relation to licensed premises; and (b) enters or remains on the premises; and (c) is reckless about whether the premises are licensed premises that the person may not enter or remain on under the exclusion order. (2) This section does not apply if the person has a reasonable excuse.

143H Display of notice about effect of exclusion order (1) This section applies to the licensee of premises operated under any of the following licences: (b) an on licence (other than a restaurant and cafe licence); (2) The licensee must display a notice at or near the entrance to the licensed premises telling people about the effect of section 143G.

143I Amending or revoking exclusion order (1) A person subject to an exclusion order may apply to a magistrate for— (a) an amendment of the order in relation to the licensed premises to which it applies; or (b) revocation of the order. (2) The application must be in writing and include— (a) for an amendment of the order—the change sought to the licensed premises to which it applies; and (b) a statement of the grounds on which the application is made; and (c) information to support those grounds. (3) The magistrate may amend the exclusion order so that it does not apply to particular licensed premises only if satisfied that there has been a change of circumstances that means— (a) the person has a legitimate and genuine need to be on the (b) allowing the person to be on the premises would not pose a risk to public safety. (4) The magistrate may revoke the exclusion order only if satisfied that there has been a change of circumstances that means the person being on the premises would no longer pose a risk to public safety. (5) An excluded person may make an application under subsection (1) not more than— (a) for an exclusion period of less than 9 months—once during the period; and (b) for an exclusion period of at least 9 months, but not more than 12 months—twice during the period.

Part 9 Directions, emergency closure orders and cautions

144 Commissioner may direct licensee, permit-holder, employee etc (1) This section applies if the commissioner believes on reasonable grounds that there is, or is likely to be— (a) a contravention of this Act; or (b) a breach of a licence or permit. (2) The commissioner may direct (a commissioner’s direction) 1 or more of the following people to take action to prevent the contravention or breach: (a) a licensee; (b) an employee of a licensee; (c) a person working at the licensed premises; (d) a permit-holder; (e) an employee of a permit-holder; (f) a person working at the permitted premises. Examples—commissioner’s direction 1 to a licensee to require people to leave a public area of the licensed premises because the occupancy loading for the area has been exceeded 2 to a licensee to reduce loud noise coming from premises

Commissioner’s directions Division 9.1 3 to a licensee to remove or discontinue a promotion that is a prohibited promotional activity under s 137 (3) A commissioner’s direction must— (b) either— (i) state— (A) the action to be taken; and (B) when the direction must be complied with; or (ii) state— (A) the conduct not to be undertaken; and (B) how long the direction is in force. (4) A commissioner’s direction must not state a day or time for compliance that is earlier than the day or time the person is given the commissioner’s direction.

145 Offence—fail to comply with commissioner’s direction (a) a commissioner’s direction is in force for the person; and (b) the person fails to take reasonable steps to comply with the direction.

Division 9.1A Direction to give security camera images Division 9.1A Direction to give security camera images 145A Commissioner or police may direct licensee to give security camera images (a) a licensee has fitted 1 or more security cameras in accordance with a condition— (i) prescribed by regulation under section 31 (2) (a); or (ii) imposed by the commissioner under section 31 (2) (b); and (b) the commissioner or a senior police officer believes on reasonable grounds that there is, or is likely to be— (i) a contravention of this Act; or (ii) a breach of the licence. (2) The commissioner or senior police officer may, in writing, direct the licensee to give the commissioner or senior police officer images recorded by a security camera within 5 days after the direction is given.

145B Offence—fail to comply with direction to give security camera images A licensee commits an offence if— (a) the licensee is given a direction under section 145A; and (b) the licensee fails to comply with the direction.

Emergency closure orders Division 9.2

146 Emergency closure of premises for 24 hours (1) A senior police officer may order (an emergency closure order) a licensee, or permit-holder, to close licensed premises, or permitted premises, if the officer believes on reasonable grounds that— (a) a breach of this Act has happened, or is likely to happen; and (b) the closure of the premises is necessary to prevent or reduce a significant threat or significant risk to the safety of the community. (2) Without limiting subsection (1), the circumstances in which there may be a significant threat or significant risk to the safety of the community include circumstances in which there is— (a) a threat to public health or safety; or (b) a risk of substantial damage to property; or (c) a significant threat to the environment; or (d) a risk of an offence against a law of the ACT, with a maximum penalty of imprisonment for 2 years or more, being committed at the premises. (3) An emergency closure order must not require the closure of premises for longer than a continuous period of 24 hours. (4) If an emergency closure order is made under subsection (1), a police officer must, in writing, tell the licensee or permit-holder— (a) the name of the senior police officer making the order; and (b) when the order starts; and (c) when the order ends. Note An emergency closure notice for the emergency closure order must be given to the licensee or permit-holder as soon as practicable after the order is made (see s 147 (1)).

(5) If an emergency closure order is in force for licensed premises, or permitted premises, the licence, or permit, is suspended for the period of the order.

147 Emergency closure notice (1) If a senior police officer makes an emergency closure order for licensed premises or permitted premises the officer must, as soon as practicable, give a notice (an emergency closure notice) to the licensee or permit-holder. (2) An emergency closure notice must— (b) state— (i) the date of issue of the notice; and (ii) when the order starts; and (iii) when the order ends; and (iv) the breach of this Act that the senior police officer believes has happened or is likely to happen; and (v) the grounds for the officer’s belief; and (c) be signed by the senior police officer. (3) The senior police officer must also— (a) keep a record of the emergency closure notice in the police records; and (b) give a copy of the notice to the commissioner.

Police cautions for children and young people Division 9.3

148 Offence—fail to comply with emergency closure order (a) the person is— (i) a licensee; or (ii) a permit-holder; and (b) an emergency closure order is in force for the person; and (c) the person fails to comply with the emergency closure order. Maximum penalty units: 50 penalty units.

Division 9.3 Police cautions for children and young people

149 Definitions—div 9.3 caution offence means any of the following offences: (a) section 115 (Offence—child or young person consume liquor); (b) section 117 (Offence—child or young person possess liquor); (c) section 121 (Offence—child or young person in adults-only area); (d) section 122 (Offence—child or young person use false identification for adults-only area); (e) section 202 (Offence—child or young person buy liquor); (f) section 203 (Offence—child or young person use false identification to buy liquor); (g) section 211 (Offence—child or young person use false identification to obtain proof of identity card).

CYP director-general means the director-general responsible for the Children and Young People Act 2008.

150 Police may caution children and young people (1) A police officer may caution a child or young person for a caution offence if— (a) the police officer believes on reasonable grounds that the child or young person is committing, or has committed, the offence; and (b) the child or young person has not been cautioned in the preceding 12 months for a caution offence. (2) A caution must— (b) state— (i) the date of issue of the caution; and (ii) the caution offence that the police officer believes the child or young person is committing, or has committed; and (iii) the grounds for the police officer’s belief; and (c) warn the child or young person that if the child or young person engages in behaviour that constitutes a further caution offence within 12 months after the date of issue of the caution, the child or young person may be prosecuted for the further offence; and (d) be signed by the police officer. (3) A police officer who issues a caution must— (a) keep the caution in the police records; and (b) give a copy of the caution to— (i) the child or young person; and

Police cautions for children and young people Division 9.3 (ii) a person with parental responsibility for the child or young (iii) if the CYP director-general has parental responsibility (whether shared or otherwise) for the child or young person—the CYP director-general; and (iv) the commissioner. Note A copy of the caution must be given to the person as soon as possible (see Legislation Act, s 151B). (4) If a child or young person is cautioned for an offence, the child or young person must not be prosecuted in a court for the offence.

151 Police must caution and release child or young person as soon as practicable (1) If a police officer intends to caution a child or young person, the police officer must— (a) take the child or young person to a police station; and (b) issue the caution within a reasonable time after the child or young person is taken to the station. (2) If a police officer cautions a child or young person, the police officer must as soon as practicable after the caution is issued— (a) arrange for the child or young person to be escorted by a police officer to the child’s or young person’s home; or (b) arrange for a person with parental responsibility for the child or young person to come to the police station to collect the child or young person; or (c) release the child or young person. (3) If a police officer releases a child or young person under subsection (2) (c), the police officer must tell the CYP director-general about the release as soon as practicable after the release.

152 Chief police officer may revoke cautions (1) The chief police officer may revoke a caution issued to a child or young person if satisfied that the police officer who issued the caution did not act in accordance with section 150 or section 151. (2) If the chief police officer revokes a caution, the chief police officer must— (a) destroy the caution kept in the police records; and (b) take reasonable steps to tell the child or young person that the caution is revoked; and (c) if the CYP director-general was given a copy of the caution under section 150 (3) (b)—tell the CYP director-general that the caution is revoked; and (d) tell the commissioner that the caution is revoked.

General Division 10.1

Division 10.1 General

153 Definitions—pt 10 connected—a thing is connected with an offence if— (a) the offence has been committed in relation to it; or (b) it will provide evidence of the commission of the offence; or (c) it was used, is being used, or is intended to be used, to commit the offence. occupier, of premises, includes— (a) a person believed on reasonable grounds to be an occupier of the (b) a person apparently in charge of the premises. offence includes an offence that there are reasonable grounds for believing has been, is being, or will be, committed. warrant means a warrant issued under division 10.3 (Search warrants).

154 Power to enter premises (1) For this Act, an authorised person may— (a) at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of money); or

(b) at any time when the premises is open for business, enter the (c) enter premises at any time when there are reasonable grounds for suspecting that liquor is being sold on the premises; or (d) at any time, enter premises with the occupier’s consent; or (e) enter premises in accordance with a licence or permit condition; or (f) enter premises in accordance with a search warrant; or (g) at any time, enter premises if the authorised person believes on reasonable grounds that the circumstances are so serious and urgent that immediate entry to the premises without the authority of a search warrant is necessary. (2) However, subsection (1) (a) and (b) do not authorise entry into a part of premises that is being used only for residential purposes. (3) An authorised person may, without the consent of the occupier of premises, enter land around the premises to ask for consent to enter the premises. (4) To remove any doubt, an authorised person may enter premises under subsection (1) without payment of an entry fee or other charge. at any reasonable time includes at any time when the public is entitled to use the premises, or when the premises are open to or used by the public (whether or not on payment of money).

155 Production of identity card (1) An investigator must not remain at premises entered under this part if the investigator does not produce his or her identity card when asked by the occupier.

Powers of authorised people Division 10.2 (2) A police officer must not remain at premises entered under this part if the officer does not produce evidence that the officer is a police officer when asked by the occupier.

156 Consent to entry (1) When seeking the consent of an occupier of premises to enter premises under section 154 (1) (d), an authorised person must— (a) either— (i) if the person is an investigator—produce his or her identity card; or (ii) if the person is a police officer—produce evidence that he or she is a police officer; and (b) tell the occupier— (i) the purpose of the entry; and (ii) that anything found and seized under this part may be used in evidence in court; and (iii) that consent may be refused. (2) If the occupier consents, the authorised person must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)— (a) that the occupier was told— (i) the purpose of the entry; and (ii) that anything found and seized under this part may be used in evidence in court; and (iii) that consent may be refused; and (b) that the occupier consented to the entry; and (c) stating the time and date when consent was given.

(3) If the occupier signs an acknowledgment of consent, the authorised person must immediately give a copy to the occupier. (4) A court must find that the occupier did not consent to entry to the premises by the authorised person under this part if— (a) the question arises in a proceeding in the court whether the occupier consented to the entry; and (b) an acknowledgment of consent is not produced in evidence; and (c) it is not proved that the occupier consented to the entry.

157 General powers on entry to premises (1) An authorised person who enters premises under this part may, for this Act, do 1 or more of the following in relation to the premises or anything at the premises: (a) inspect or examine; (b) take measurements or conduct tests; (c) take samples; (d) take photographs, films, or audio, video or other recordings; (e) require the occupier, or anyone at the premises, to give the authorised person reasonable help to exercise a power under this part. Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. (2) A person must take reasonable steps to comply with a requirement made of the person under subsection (1) (e).

Powers of authorised people Division 10.2

158 Power to seize things (1) An authorised person who enters premises under this part with the occupier’s consent may seize anything at the premises if— (a) the authorised person is satisfied on reasonable grounds that the thing is connected with an offence against this Act; and (b) seizure of the thing is consistent with the purpose of the entry told to the occupier when seeking the occupier’s consent. (2) An authorised person who enters premises under a warrant under this part may seize anything at the premises that the authorised person is authorised to seize under the warrant. (3) An authorised person who enters premises under this part (whether with the occupier’s consent, under a warrant or otherwise) may seize anything at the premises if satisfied on reasonable grounds that— (a) the thing is connected with an offence against this Act; and (b) the seizure is necessary to prevent the thing from being— (i) concealed, lost or destroyed; or (ii) used to commit, continue or repeat the offence. (4) Also, an authorised person who enters premises under this part (whether with the consent of a person in charge of the premises, under a warrant or otherwise) may seize anything at the premises if satisfied on reasonable grounds that the thing poses a risk to the health or safety of people or of damage to property or the environment. (5) The powers of an authorised person under subsections (3) and (4) are additional to any powers of the authorised person under subsections (1) or (2) or any other territory law. (6) Having seized a thing, an authorised person may— (a) remove the thing from the premises where it was seized (the place of seizure) to another place; or

(b) leave the thing at the place of seizure but restrict access to it. (7) A person commits an offence if— (a) the person interferes with a seized thing, or anything containing a seized thing, to which access has been restricted under subsection (6); and (b) the person does not have an authorised person’s approval to interfere with the thing. (8) An offence against this section is a strict liability offence. Note See also s 201 about disposal of liquor seized in public places.

159 Warrants generally (1) An authorised person may apply to a magistrate for a warrant to enter (2) The application must be sworn and state the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. (4) The magistrate may issue a warrant only if satisfied there are reasonable grounds for suspecting— (a) there is a particular thing or activity connected with an offence against this Act; and (b) the thing or activity— (i) is, or is being engaged in, at the premises; or

Search warrants Division 10.3 (ii) may be, or may be engaged in, at the premises within the next 7 days. (5) The warrant must state— (a) that an authorised person may, with any necessary assistance and force, enter the premises and exercise the authorised person’s powers under this part; and (b) the offence for which the warrant is issued; and (c) the things that may be seized under the warrant; and (d) the hours when the premises may be entered; and (e) the date, within 7 days after the day of the warrant’s issue, the warrant ends.

160 Warrants—application made other than in person (1) An authorised person may apply for a warrant by phone, fax, email, radio or other form of communication if the authorised person considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances. (2) Before applying for the warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought. (3) The authorised person may apply for the warrant before the application is sworn. (4) After issuing the warrant, the magistrate must immediately provide a written copy to the authorised person if it is practicable to do so. (5) If it is not practicable to provide a written copy to the authorised (a) the magistrate must tell the authorised person— (i) the terms of the warrant; and

(ii) the date and time the warrant was issued; and (b) the authorised person must complete a form of warrant (the warrant form) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the warrant; and (iii) the warrant’s terms. (6) The written copy of the warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the authorised person’s powers under this part. (7) The authorised person must, at the first reasonable opportunity, send to the magistrate— (a) the sworn application; and (b) if the authorised person completed a warrant form—the completed warrant form. (8) On receiving the documents, the magistrate must attach them to the warrant. (9) A court must find that a power exercised by the authorised person was not authorised by a warrant under this section if— (a) the question arises in a proceeding in the court whether the exercise of power was authorised by a warrant; and (b) the warrant is not produced in evidence; and (c) it is not proved that the exercise of power was authorised by a warrant under this section.

Search warrants Division 10.3

161 Search warrants—announcement before entry (1) An authorised person must, before anyone enters premises under a search warrant— (a) announce that the authorised person is authorised to enter the (b) give anyone at the premises an opportunity to allow entry to the (c) if the occupier of the premises, or someone else who apparently represents the occupier, is present at the premises—identify himself or herself to the person. (2) The authorised person is not required to comply with subsection (1) if the authorised person believes on reasonable grounds that immediate entry to the premises is required to ensure— (a) the safety of anyone (including the authorised person or any person assisting); or (b) that the effective execution of the warrant is not frustrated.

162 Details of search warrant to be given to occupier etc If the occupier of premises, or someone else who apparently represents the occupier, is present at the premises while a search warrant is being executed, the authorised person or a person assisting must make available to the person— (a) a copy of the warrant; and (b) a document setting out the rights and obligations of the person.

163 Occupier entitled to be present during search etc (1) If the occupier of premises, or someone else who apparently represents the occupier, is present at the premises while a search warrant is being executed, the person is entitled to observe the search being conducted.

(2) However, the person is not entitled to observe the search if— (a) to do so would impede the search; or (b) the person is under arrest, and allowing the person to observe the search being conducted would interfere with the objectives of the search. (3) This section does not prevent 2 or more areas of the premises being searched at the same time.

164 Receipt for things seized (1) As soon as practicable after an authorised person seizes a thing under this part, the authorised person must give a receipt for it to the person from whom it was seized. (2) If, for any reason, it is not practicable to comply with subsection (1), the authorised person must leave the receipt, secured conspicuously, at the place of seizure under section 158 (Power to seize things). (3) A receipt under this section must include the following: (a) a description of the thing seized; (b) an explanation of why the thing was seized; (c) the authorised person’s name, and how to contact the authorised person; (d) if the thing is moved from the premises where it is seized— where the thing is to be taken.

Return and forfeiture of things seized Division 10.4

165 Moving things to another place for examination or processing under search warrant (1) A thing found at premises entered under a search warrant may be moved to another place for examination or processing to decide whether it may be seized under the warrant if— (a) both of the following apply: (i) there are reasonable grounds for believing that the thing is or contains something to which the warrant relates; (ii) it is significantly more practicable to do so having regard to the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance; or (b) the occupier of the premises agrees in writing. (2) The thing may be moved to another place for examination or processing for not longer than 72 hours. (3) An authorised person may apply to a magistrate for an extension of time if the authorised person believes on reasonable grounds that the thing cannot be examined or processed within 72 hours. (4) The authorised person must give notice of the application to the occupier of the premises, and the occupier is entitled to be heard on the application. (5) If a thing is moved to another place under this section, the authorised person must, if practicable— (a) tell the occupier of the premises the address of the place where, and time when, the examination or processing will be carried out; and (b) allow the occupier or the occupier’s representative to be present during the examination or processing.

(6) The provisions of this part relating to the issue of search warrants apply, with any necessary changes, to the giving of an extension under this section.

166 Access to things seized A person who would, apart from the seizure, be entitled to inspect a thing seized under this part may— (a) inspect it; and (b) if it is a document—take extracts from it or make copies of it.

167 Return of things seized (1) A thing seized under this part must be returned to its owner, or reasonable compensation must be paid to the owner by the Territory for the loss of the thing, unless— (a) a prosecution for an offence against a territory law in connection with the thing is begun within 1 year after the day the seizure is made and the thing is required to be produced in evidence in the prosecution; or (b) an application for the forfeiture of the seized thing is made to a court under the Confiscation of Criminal Assets Act 2003 or another territory law within 1 year after the day the seizure is made; or (c) all proceedings in relation to the offence with which the seizure was connected have ended and the court has not made an order about the thing. (2) However, this section does not apply to a thing— (a) if the director-general believes on reasonable grounds that the only practical use of the thing in relation to the premises where it was seized would be an offence against this Act; or (b) if possession of it by its owner would be an offence.

Return and forfeiture of things seized Division 10.4

168 Forfeiture of seized things (a) anything seized under this part has not been returned under section 167; and (b) an application for disallowance of the seizure under section 170— (i) has not been made within 10 days after the day of the seizure; or (ii) has been made within the 10-day period, but the application has been refused or withdrawn before a decision in relation to the application had been made. (2) If this section applies to the seized thing— (a) it is forfeited to the Territory; and (b) it may be sold, destroyed or otherwise disposed of as the director-general directs.

169 Power to destroy unsafe things (1) This section applies to anything inspected or seized under this part by an authorised person if the authorised person is satisfied on reasonable grounds that the thing poses a risk to the health or safety of people or of damage to property or the environment. (2) The authorised person may direct a person in charge of the premises where the thing is to destroy or otherwise dispose of the thing. (3) The direction may state 1 or more of the following: (a) how the thing must be destroyed or otherwise disposed of; (b) how the thing must be kept until it is destroyed or otherwise disposed of;

(c) the period within which the thing must be destroyed or otherwise disposed of. (4) A person in charge of the premises where the thing is commits an offence if the person contravenes a direction given to the person under subsection (2). Maximum penalty: 100 penalty units. (5) Alternatively, if the thing has been seized under this part, the authorised person may destroy or otherwise dispose of the thing. (6) Costs incurred by the Territory in relation to the disposal of a thing under subsection (5) are a debt owing to the Territory by, and are recoverable together and separately from, the following people: (a) the person who owned the thing; (b) each person in control of the premises where the thing was. (7) An offence against this section is a strict liability offence.

170 Application for order disallowing seizure (1) A person claiming to be entitled to anything seized under this part may apply to the Magistrates Court within 10 days after the day of the seizure for an order disallowing the seizure. (2) The application may be heard only if the applicant has served a copy of the application on the director-general. Note For how documents may be served, see the Legislation Act, pt 19.5. (3) The director-general is entitled to appear as respondent at the hearing of the application.

171 Order for return of seized thing (1) This section applies if a person claiming to be entitled to anything seized under this part applies to the Magistrates Court under section 170 for an order disallowing the seizure.

Enforcement—miscellaneous Division 10.5 (2) The Magistrates Court must make an order disallowing the seizure if satisfied that— (a) the applicant would, apart from the seizure, be entitled to the return of the seized thing; and (b) the thing is not connected with an offence against this Act; and (c) possession of the thing by the person would not be an offence. (3) The Magistrates Court may also make an order disallowing the seizure if satisfied there are exceptional circumstances justifying the making of the order. (4) If the Magistrates Court makes an order disallowing the seizure, the court may make 1 or more of the following ancillary orders: (a) an order directing the director-general to return the thing to the applicant or to someone else who appears to be entitled to it; (b) if the thing cannot be returned or has depreciated in value because of the seizure—an order directing the Territory to pay reasonable compensation; (c) an order about the payment of costs in relation to the application.

172 Damage etc to be minimised (1) In the exercise, or purported exercise, of a function under this part, an authorised person must take all reasonable steps to ensure that the person causes as little inconvenience, detriment and damage as practicable. (2) If an authorised person damages anything in the exercise or purported exercise of a function under this part, the authorised person must give written notice of the particulars of the damage to the person the authorised person believes on reasonable grounds is the owner of the thing.

(3) The notice must state that— (a) the person may claim compensation from the Territory if the person suffers loss or expense because of the damage; and (b) compensation may be claimed and ordered in a proceeding for compensation brought in a court of competent jurisdiction; and (c) the court may order the payment of reasonable compensation for the loss or expense only if satisfied it is just to make the order in the circumstances of the particular case. (4) If the damage happens at premises entered under this part in the absence of the occupier, the notice may be given by leaving it, secured conspicuously, at the premises.

173 Compensation for exercise of enforcement powers (1) A person may claim compensation from the Territory if the person suffers loss or expense because of the exercise, or purported exercise, of a function under this part by an authorised person. (2) Compensation may be claimed and ordered in a proceeding for— (a) compensation brought in a court of competent jurisdiction; or (b) an offence against this Act brought against the person making the claim for compensation. (3) A court may order the payment of reasonable compensation for the loss or expense only if satisfied it is just to make the order in the circumstances of the particular case. (4) A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order.

General Division 11.1 Part 11 Complaints and occupational discipline Division 11.1 General 174 Who is a licensee?—pt 11 licensee— (a) means a licensee or former licensee; and (b) includes an influential person for a corporation that is a licensee or former licensee.

175 Who is a commercial permit-holder?—pt 11 commercial permit-holder— (a) means a commercial permit-holder or former commercial permit-holder; and (b) includes an influential person for a corporation that is a commercial permit-holder or former commercial permit-holder.