VICIn ForceAct
Liquor Control Reform Act 1998
58CMaking a late hour entry declaration
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58C Making a late hour entry declaration
S. 58C(1) amended by No. 58/2011 s. 104(Sch. item 4.109).
(1) The Commission must give written notice of a proposed late hour entry declaration under section 58B to each licensee of licensed premises in the area or locality to which the declaration is proposed to apply.
S. 58C(2) amended by No. 58/2011 s. 104(Sch. item 4.109).
(2) Within 21 days after notice is given to a licensee under subsection (1), the licensee may give the Commission written notice of objection to the proposed late hour entry declaration.
S. 58C(3) amended by No. 58/2011 s. 104(Sch. item 4.109).
(3) If a licensee gives notice of objection in accordance with subsection (2), the Commission must not make the late hour entry declaration unless the Commission—
(a) has given the licensee a reasonable opportunity to make written and oral submissions in relation to the objection; and
(b) if any submissions are made, has considered the submissions.
S. 58CA inserted by No. 73/2007 s. 15.
58CA Temporary late hour entry declaration
S. 58CA(1) amended by No. 58/2011 s. 104(Sch. item 4.110).
(1) Despite anything to the contrary in section 58C, the Commission may make a late hour entry declaration under section 58B without giving written notice under section 58C if the Commission believes on reasonable grounds that—
(a) alcohol-related violence or disorder has occurred in the area or locality to which the order is to apply; and
(b) a late hour entry declaration in relation to the area or locality is reasonably likely to be an effective means of reducing or preventing the occurrence of alcohol-related violence or disorder in the area or locality.
S. 58CA(2) amended by No. 58/2011 s. 104(Sch. item 4.110).
(2) Before making a late hour entry declaration referred to in subsection (1), the Commission must consult the Chief Commissioner.
S. 58CA(3) amended by Nos 21/2008 s. 27, 58/2011 s. 104(Sch. item 4.110).
(3) The Commission must give written notice of a late hour entry declaration referred to in subsection (1) to each licensee of licensed premises in the area or locality to which the declaration applies.
(4) A late hour entry declaration referred to in subsection (1) takes effect on the day specified in the notice and expires when the earliest of the following occurs—
(a) the declaration is revoked under section 58D;
S. 58CA(4)(b) amended by No. 21/2008 s. 27.
(b) a late hour entry declaration is made in accordance with section 58C in relation to the area or locality;
(c) a period of 3 months elapses after the day on which the declaration takes effect.
S. 58CA(5) amended by Nos 21/2008 s. 27, 58/2011 s. 104(Sch. item 4.110).
(5) Nothing in this section prevents the Commission from making a late hour entry declaration in accordance with section 58C in relation to the area or locality to which a late hour entry declaration referred to in subsection (1) applies while the declaration referred to in subsection (1) is in force.
S. 58D (Heading) amended by No. 58/2011 s. 104(Sch. item 4.111).
S. 58D inserted by No. 8/2006 s. 9.