5ADisorderly conduct

5A Disorderly conduct An offence against section 17A of the **Summary Offences Act 1966**. 6 Assaults—summary offences An offence against section 23 or 24 of the **Summary Offences Act 1966**. 7 Prohibited weapons offences An offence against section 5(1A) of the **Control of Weapons Act 1990**. 8 Failure to leave licensed premises An offence against section 114(2) of this Act. Schedule 3––Savings and transitional provisions Sch. 3 Pt 1 (Heading) inserted by No. 71/2011 s. 31(1). Part 1—General provisions ***commencement day*** means the day on which Part 11 of this Act comes into operation; ***Commission*** means the Liquor Licensing Commission established under the repealed Act; ***licence*** includes a licence within the meaning of the repealed Act; ***licensed premises*** includes licensed premises within the meaning of the repealed Act; ***licensee*** includes a licensee within the meaning of the repealed Act; ***permit*** includes a permit granted under the repealed Act; Sch. 3 cl. 1 def. of *repealed Act* amended by No. 23/2002 s. 197(1)(a). ***repealed Act*** means the **Liquor Control Act 1987**; Sch. 3 cl. 1 def. of *Victorian Electoral Commission* inserted by No. 23/2002 s. 197(1)(b). ***Victorian Electoral Commission*** means the Victorian Electoral Commission established under section 6 of the **Electoral Act 2002**. 2 Liquor Licensing Commission (1) On the commencement day— (a) the Commission is abolished and its members go out of office; (b) the office of Chief Executive Officer of the Commission is abolished and the person who held that office immediately before the commencement day goes out of office. (2) Despite subclause (1)(a), the Commission, as constituted immediately before the commencement day, may hear and determine any application or matter under the repealed Act that was made or had arisen before that commencement. (3) Subject to this clause, the repealed Act applies to the hearing and determination of an application or matter under subclause (2) as if this Act had not been enacted. (4) Subject to this clause a determination under the repealed Act made by reason of subclause (2) has effect— (a) in the case of a determination relating to the grant, variation, transfer or removal of a licence or permit—as if it had been made under the repealed Act immediately before the commencement day; and (b) in any other case—as if it had been made under this Act. (5) A person who would be entitled to apply for review of a determination of the Commission under subclause (2) by virtue of section 105 of the repealed Act may apply to the Tribunal for review of the determination and the repealed Act applies to that review as if a reference in the repealed Act to the Full Commission were a reference to the Tribunal. 3 Licences and permits under repealed Act A licence or permit of a kind, or having effect as if it were a licence or permit of a kind, specified in column 1 of an item in the Table that is in force immediately before the commencement day is deemed to be, on and after the commencement day, a licence or permit of the kind specified in column 2 of that item granted and in force under this Act. **TABLE** | *Item* | *Column 1*<br>*Licence or permit under repealed Act* | *Column 2*<br>*Licence or permit under this Act* | | --- | --- | --- | | 1. | General (class 1) licence | General licence | | 2. | Residential licence | General licence | | 3. | On-premises licence | On-premises licence | | 4. | General (class 2) licence | On-premises licence | | 5. | Limited licence | Limited licence | | 6. | Full club licence | Full club licence | | 7. | Restricted club licence | Restricted club licence | | 8. | Producer's or distributor's licence— | | | 8.1 | - granted to a producer | Pre-retail licence | | 8.2 | - granted to a distributor | Pre-retail licence | | 8.3 | - granted to a vigneron | Vigneron's licence | | 9. | Packaged liquor licence | Packaged liquor licence | | 10. | BYO permit | BYO permit | 4 Conditions of licences and permits under the repealed Act (1) A licence or permit referred to in clause 3 is subject to the conditions to which it was subject immediately before the commencement day. (2) The Director may remove a condition from a licence or permit referred to in clause 3 (other than a condition referred to in clause 6(3)) on application by a licensee or permittee or on the Director's own initiative. 5 Extended hours permits If, immediately before the commencement day, a licensee of a licence referred to in column 1 of the Table in clause 3 held an extended hours permit under the repealed Act in respect of the licensed premises, the licence held by the licensee under this Act as a result of the operation of clause 3 authorises the licensee to supply liquor, in accordance with the licence, at the times specified in that permit. 6 Additional authority and conditions for pre-retail licence for producers and distributors (1) A pre-retail licence held by a person as a result of the operation of item 8.1 of the Table in clause 3 (producer) authorises the licensee to do the things referred to in section 49(1)(a) of the repealed Act in addition to anything it authorises the person to do under this Act. (2) A pre-retail licence held by a person as a result of the operation of item 8.2 of the Table in clause 3 (distributor) authorises the licensee to do the things referred to in section 49(1)(c) of the repealed Act in addition to anything it authorises the person to do under this Act. (3) The Director cannot remove a condition of a licence referred to in subclause (2) requiring the business carried on by the licensee under the licence to be not less than 90% the business of supplying liquor to licensees. 7 Restriction on general licence that was previously a residential licence If a residential licence granted under the repealed Act or a licence having effect as a residential licence under the repealed Act did not authorise the licensee to sell or dispose of liquor for consumption off the licensed premises, the general licence held by the licensee as a result of the operation of clause 3 does not authorise the licensee to sell or dispose of liquor for consumption off the licensed premises, unless the licence is varied under this Act. 8 Restriction of on-premises licence granted to restaurant under repealed Act An on-premises licence held by a licensee as a result of the operation of clause 3 in respect of an on-premises licence granted under section 50(2)(d) of the repealed Act or having effect as such a licence is subject to the condition that— (a) the predominant activity carried on on the licensed premises must be the preparation and serving of meals for consumption on the licensed premises; and (b) tables and chairs must be placed in position on the licensed premises so as to be available for at least 75% of the patrons attending the premises at any one time. Sch. 3 cl. 9 amended by No. 114/2003 s. 12.1.3 (Sch. 6 item 9.5). 9 Premises under old general (class 2) licence that are approved for gaming If, immediately before the commencement day— (a) a licensee held a general (class 2) licence under the repealed Act in respect of licensed premises; and (b) an approval was in force under Part 2A of the **Gaming Machine Control Act 1991** in respect of those premises— the on-premises licence held by the licensee on and after the commencement day as a result of the operation of clause 3, and that licence as renewed from time to time under this Act, is deemed for the purposes of the **Gambling Regulation Act 2003** to be a general licence. 10 Consents and approvals under repealed Act continue (1) A consent of the Commission under section 120 of the repealed Act that was in force immediately before the commencement day continues in accordance with its terms and conditions on and after the commencement day for the purposes of section 105 of this Act as if it were a consent of the Director under that section. (2) A consent of the Commission under section 121 of the repealed Act that was in force immediately before the commencement day continues in accordance with its terms and conditions on and after the commencement day for the purposes of section 106 of this Act as if it were a consent of the Director under that section. (3) An approval of the Commission under section 128(2)(a)(i) or 128(2)(d) of the repealed Act that was in force immediately before the commencement day continues in accordance with its terms and conditions (if any) on and after the commencement day for the purposes of section 120(2)(a)(i) or 120(2)(e) of this Act as if it were an approval of the Director under that section. 11 Nominees continue A person who, immediately before the commencement day, was a nominee of a licensee or permittee under section 86 of the repealed Act continues to be a nominee of that licensee or permittee on and after the commencement day for the purposes of this Act as if he or she had been approved by the Director under section 54 of this Act. 12 Endorsements continue Any endorsements on a licence or BYO permit under the repealed Act that were in force immediately before the commencement day continue in force on and after the commencement day in respect of the equivalent licence or permit under this Act as if they had been made under this Act. 13 Authorisation of person under section 102 of repealed Act A person who, immediately before the commencement day, carried on business as a result of an authorisation under section 102 of the repealed Act in respect of a licence or BYO permit continues to be authorised to carry on business in respect of the equivalent licence or permit on and after the commencement day as if their name had been endorsed on the licence or permit under section 93 of this Act. Sch. 3 cl. 14 amended by No. 8/2006 s. 12 (ILA s. 39B(3)). 14 People disqualified under repealed Act (1) A reference in section 27 to a person who is disqualified from holding a licence or permit under this Act includes a reference to a person who was disqualified from holding a licence or permit under the repealed Act. Sch. 3 cl. 14(2) inserted by No. 8/2006 s. 12. (2) On or after the commencement of this subclause, a decision made under section 103 of the repealed Act that was in force immediately before the commencement day takes effect according to its terms as if it were an order made under section 92 of this Act. 15 Notices required to be displayed under section 110A of the repealed Act A requirement of the Commission under section 110A of the repealed Act that a notice be displayed on licensed premises that was in force immediately before the commencement day continues in force on and after the commencement day for the purposes of section 102 of this Act as if it were a requirement of the Director under that section. 16 Members of former Co-ordinating Council (1) The members of the Co-ordinating Council under section 6 of the repealed Act who were in office immediately before the commencement day become members of the Co-ordinating Council under section 5 of this Act on the commencement day on the terms and conditions on which they were appointed under the repealed Act. (2) The members referred to in subsection (1) hold office for the remainder of the terms for which they were appointed under the repealed Act, unless removed sooner. Sch. 3 cl. 17 amended by Nos 24/1999 s. 48, 23/2002 s. 197(2)(3), 92/2004 s. 37(a), 23/2012 s. 6(3)−(5), repealed by No. 49/2021 s. 57. Sch. 3 cl. 18 amended by No. 9/2020 s. 390(Sch. 1 items 62.3, 62.4), repealed by No. 49/2021 s. 58. Sch. 3 cl. 19 inserted by No. 21/2001 s. 12.