90Definitions

90 Definitions (1) In this Division— ***disciplinary action***, against a licensee or permittee, means any one, or a combination, of the following— (a) the cancellation, or suspension for a specified period, of the licensee's licence or permittee's BYO permit; (b) the variation of the licensee's licence or permittee's BYO permit; (c) the endorsement of the licensee's licence or permittee's BYO permit; (d) the issuing of a letter of censure to the licensee or permittee; (e) the imposition of a fine not exceeding an amount that is 250 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the **Monetary Units Act 2004** on the licensee or permittee; S. 90(1) def. of *grounds for disciplinary action* amended by No. 37/2014 s. 10(Sch. item 96.3). ***grounds for disciplinary action***, in relation to a licensee or permittee, means any of the following— (a) that the licensee or permittee has contravened a provision of this Act, the regulations, the licence or BYO permit or a condition of the licence or BYO permit (as the case may be); (b) that the licensee or permittee has contravened a condition of an approval or consent of the Commission under this Act (other than a licence or BYO permit); (c) that the licensee or permittee has been found guilty of an offence against section 118A or an offence against regulations made under section 118B; (d) that the licensee has contravened an undertaking given under section 133F; (e) that the licensee or permittee has been found guilty of an offence against this Act or the regulations; (f) that the licensee or permittee has been found guilty of an offence under Part II of the **Food Act 1984** in relation to liquor supplied by the licensee or permittee; (g) that the licensee or permittee has been found guilty of an offence under section 253 of the **Victoria Police Act 2013** relating to a police officer or under the **Police Regulation Act 1958** relating to bribery of a member of the police force; (h) that the licensee or permittee has been found guilty, whether in Victoria or elsewhere, of an offence punishable by a maximum term of imprisonment of 3 years or more; (i) that the licensee or permittee is a body corporate, a director of which has been found guilty, whether in Victoria or elsewhere, of an offence punishable by a maximum term of imprisonment of 3 years or more; (j) the licensee or permittee is a club that is not a body corporate, a member of the committee of management of which has been found guilty, whether in Victoria or elsewhere, of an offence punishable by a maximum term of imprisonment of 3 years or more; (k) that the licensee or permittee has knowingly assisted a person to breach a disqualification determination imposed under section 93D; (l) that the licensee or permittee has paid a penalty for an offence under this Act for which an infringement notice within the meaning of the **Infringements Act 2006** has been served; (m) that the licensee or permittee has altered the premises in a way that would have prevented the granting of the licence under section 22 had the alterations been in place immediately before the licence was granted; (n) that the licensee or permittee has obtained the licence or BYO permit by fraud or false representations; (o) that the licensee or permittee has conducted the business under the licence or BYO permit, or allowed it to be conducted, in a manner that detracts from or is detrimental to the amenity of the area in which the licensed premises are situated; (p) that a licensee or permittee has contravened the terms of a closure and evacuation notice; (q) that the licensee or permittee is otherwise not a suitable person to hold a licence or BYO permit; ***variation***, in relation to a licence or BYO permit, means any of the following— (a) a variation of the times outside ordinary trading hours at which the licence or permit authorises the supply of liquor; (e) the removal of a condition of the licence or permit (other than a condition imposed by this Act); (f) a variation of the category of the licence— (i) from a late night (general) licence to a general licence; or (ii) from a late night (on‑premises) licence to an on-premises licence; or (iii) from a late night (packaged liquor) licence to a packaged liquor licence. (2) A reference in paragraphs (h) and (i) of the definition of ***grounds for disciplinary action*** in subsection (1) to the maximum term of imprisonment for an offence, in the case of an indictable offence that may be heard and determined summarily under section 28(1) of the **Criminal Procedure Act 2009**, is a reference to the maximum term of imprisonment for the offence if it were not dealt with summarily. S. 91 substituted by No. 58/2011 s. 56.