Sch 5Transitional provisions—Liquor and Gambling Legislation Amendment Act 2018

Schedule 5—Transitional provisions—Liquor and Gambling Legislation Amendment Act 2018 1 Wine and beer producer's licence On and from the commencement of section 6 of the **Liquor and Gambling Legislation Amendment Act 2018**, any wine and beer producer's licence that was in force immediately before that commencement is taken to continue in force (subject to any conditions on which it was granted or any conditions as varied or imposed on it) as if it were a producer's licence. 2 Application for transfer of licence Sections 50B and 50C as in force on or after the commencement of section 10 of the **Liquor and Gambling Legislation Amendment Act 2018** apply to an application for the transfer of a licence made under section 32 before that commencement in respect of which the Commission has not made a determination. 3 Alcohol advertising (1) On and from the commencement of section 20 of the **Liquor and Gambling Legislation Amendment Act 2018**, section 115B does not apply for a period of 2 years after 28 March 2018 to any advertising displayed under an alcohol advertising contract entered into before 28 March 2018. (2) In this clause— ***alcohol advertising contract*** means a contract or agreement entered into for the purpose of the display of any information, term, expression, symbol or other thing that gives publicity to, or otherwise promotes, liquor. 4 Approved responsible service of alcohol program register On and from the commencement of Division 7 of Part 2 of the **Liquor and Gambling Legislation Amendment Act 2018**, any licence that was in force immediately before that commencement is taken to continue in force as if any condition on which it was granted or any condition as varied or imposed on it to keep an approved responsible service of alcohol program register were a condition to keep RSA certificates. Sch. 6 inserted by No. 49/2021 s. 60. Schedule 6—Transitional provisions—Liquor Control Reform Amendment Act 2021 1 General transitional provision 2 Renewable limited licences authorising supply of liquor through online orders (1) This clause applies to a licensee or an applicant for a licence where the licensee or applicant does not have a retail premises open to the public. Sch. 6 cl. 2(2) amended by No. 28/2022 s. 174(a). (2) On and from the commencement of section 11B and until the amendment of section 11B by the **Gambling and Liquor Legislation Amendment Act 2022**, any renewable limited licence authorising the licensee to supply liquor by orders placed online on the licensed premises in sealed containers, bottles or cans for consumption off the licensed premises that was in force immediately before that commencement— (a) is taken to be an online-only vendor packaged liquor licence for the period that the licence remains in force; and (b) can be renewed as an online-only vendor packaged liquor licence. (3) A renewable limited licence referred to in subclause (2) is subject to any conditions (not inconsistent with the conditions of an online-only vendor packaged liquor licence) to which it was subject immediately before the commencement of section 11B. (4) If a renewable limited licence is taken to be an online-only vendor packaged liquor licence in accordance with subclause (2)— (a) any demerit points recorded in the Demerits Register against the renewable limited licence immediately before the commencement of section 11B are taken to be demerit points recorded against the online-only vendor packaged liquor licence; and (b) Part 4A applies to that licence as an online-only vendor packaged liquor licence. (5) An application for a renewable limited licence authorising the licensee to supply liquor by orders placed online on the licensed premises in sealed containers, bottles or cans for consumption off the licensed premises that was made but not finally determined before the commencement of section 11B— (a) is taken, on and from that commencement, to be an application for an online-only vendor packaged liquor licence; and (b) may be dealt with under this Act as amended by the **Liquor Control Reform Amendment Act 2021**. 3 General licences On and from the commencement of section 8 of the **Liquor Control Reform Amendment Act 2021**, any general licence that was in force immediately before that commencement— (a) continues in force as if it were a general licence granted under section 8 as amended by that Act; and (b) is subject to the conditions specified in section 8 as amended by that Act; and 4 On-premises licences On and from the commencement of section 9 of the **Liquor Control Reform Amendment Act 2021**, any on-premises licence that was in force immediately before that commencement— (a) continues in force as if it were an on-premises licence granted under section 9 as amended by that Act; and (b) is subject to the conditions specified in section 9 as amended by that Act; and 5 Restaurant and cafe licences On and from the commencement of section 10 of the **Liquor Control Reform Amendment Act 2021**, any restaurant and cafe licence that was in force immediately before that commencement— (a) continues in force as if it were a restaurant and cafe licence granted under section 9A as amended by that Act; and (b) is subject to the conditions specified in section 9A as amended by that Act; and 6 Club licences On and from the commencement of section 11 of the **Liquor Control Reform Amendment Act 2021**, any full club licence or restricted club licence that was in force immediately before that commencement— (a) continues in force as if it were a full club licence or restricted club licence granted under section 10 as amended by that Act; and (b) is subject to the conditions specified in section 10 as amended by that Act; and 7 Packaged liquor licences On and from the commencement of section 12 of the **Liquor Control Reform Amendment Act 2021**, any packaged liquor licence that was in force immediately before that commencement— (a) continues in force as if it were a packaged liquor licence granted under section 11 as amended by that Act; and (b) is subject to the conditions specified in section 11 as amended by that Act; and 8 Late night licences On and from the commencement of section 13 of the **Liquor Control Reform Amendment Act 2021**, any late night licence that was in force immediately before that commencement— (a) continues in force as if it were a late night licence granted under section 11A as amended by that Act; and (b) is subject to the conditions specified in section 11A as amended by that Act; and 9 Producers licences On and from the commencement of section 15 of the **Liquor Control Reform Amendment Act 2021**, any producer's licence that was in force immediately before that commencement— (a) continues in force as if it were a producer's licence granted under section 13 as amended by that Act; and (b) is subject to the conditions specified in section 13 as amended by that Act; and 10 BYO permits On and from the commencement of section 16 of the **Liquor Control Reform Amendment Act 2021**, any BYO permit that was in force immediately before that commencement— (a) continues in force as if it were a BYO permit granted under section 15 as amended by that Act; and (b) is subject to the conditions specified in section 15 as amended by that Act; and Sch. 6 cl. 11 amended by No. 28/2022 s. 174(b). 11 Conditions in relation to supply of liquor through online orders On and from the commencement of section 18C and until the amendment of section 18C by the **Gambling and Liquor Legislation Amendment Act 2022**, the conditions in relation to the supply of liquor through online orders referred to in that section apply in relation to the following licences as in force immediately before that commencement— (a) a general licence authorising the licensee to supply packaged liquor; (b) a restaurant and cafe licence authorising the licensee to supply packaged liquor; (c) a full club licence authorising the licensee to supply packaged liquor; (d) a packaged liquor licence; (e) a late night (general) licence authorising the licensee to supply packaged liquor; (f) a late night (packaged liquor) licence authorising the licensee to supply packaged liquor; (g) a producer's licence authorising the licensee to supply packaged liquor; (h) a renewable limited licence authorising the licensee to supply packaged liquor that is not taken to be an online-only vendor packaged liquor licence in accordance with clause 2. 12 Conditions in relation to the supply of packaged liquor On and from the commencement of section 18D, any conditions in relation to the supply of packaged liquor specified in an Order made under that section apply in relation to the following licences as in force immediately before that commencement— (a) a general licence authorising the licensee to supply packaged liquor; (b) a restaurant and cafe licence authorising the licensee to supply packaged liquor; (c) a full club licence authorising the licensee to supply packaged liquor; (d) a packaged liquor licence; (e) a late night (general) licence authorising the licensee to supply packaged liquor; (f) a late night (packaged liquor) licence authorising the licensee to supply packaged liquor; (g) a producer's licence authorising the licensee to supply packaged liquor; (h) a renewable limited licence authorising the licensee to supply packaged liquor that is not taken to be an online-only vendor packaged liquor licence in accordance with clause 2. 13 Undetermined applications for licence that applies to large packaged liquor outlet An application for a licence that applies to a large packaged liquor outlet that was made but not finally determined before the commencement of section 27AA and the amendment of sections 28, 29 and 44 by the **Liquor Control Reform Amendment Act 2021** (as applicable) is to be determined in accordance with Division4 of Part 2 as in force immediately before that commencement as if section 27AA hadnot been enacted and those amendments had not been made. 14 Internal review of licensing decisions—compulsory conferences On and from the commencement of Division 2A of Part 9, any application for internal review under section 153 that has been made but not finally determined is to be determined in accordance with Division 2 of Part 9 as in force immediately before that commencement, as if Division 2A of Part 9 had not been enacted. 15 Review of licensing decisions by VCAT Division 3 of Part 9 applies in respect of any decision of the Commission made on internal review on and after the commencement of Division 3 of Part 9. Sch. 6 cl. 16 amended by No. 26/2022 s. 26, repealed by No. 94/1998 Sch. 6 cl. 16(4) (as amended by No. 26/2022 s. 26). Sch. 7 inserted by No. 28/2022 s. 175. Schedule 7—Transitional provisions—Gambling and Liquor Legislation Amendment Act 2022 1 General transitional provision 2 Online-only vendor packaged liquor licences (1) On and after the amendment of section 11B by the **Gambling and Liquor Legislation Amendment Act 2022**, any online-only vendor packaged liquor licence that was in force immediately before that amendment— (a) is taken to be a remote seller's packaged liquor licence for the period that the licence remains in force; and (b) can be renewed as a remote seller's packaged liquor licence; and (c) is subject to any conditions specified in section 11B as amended by that Act; and (d) is subject to any conditions (not inconsistent with the conditions specified in section 11B as amended by that Act) to which the licence was subject immediately before that commencement. (2) On and after the amendment of section 11B by the **Gambling and Liquor Legislation Amendment Act 2022**— (a) any demerit points recorded in the Demerits Register against an online-only vendor packaged liquor licence immediately before that amendment are taken to be recorded against that licence as a remote seller's packaged liquor licence; and (b) Part 4A applies to that licence as a remote seller's packaged liquor licence. (3) An application for an online-only packaged liquor licence that was made but not finally determined before the amendment of section 11B by of the **Gambling and Liquor Legislation Amendment Act 2022** is taken to be an application for a remote seller's packaged liquor licence after that amendment. 3 General licences On and after the amendment of section 8 by the **Gambling and Liquor Legislation Amendment Act 2022**, any general licence that was in force immediately before that amendment— (a) continues in force as if it were a general licence granted under section 8 as amended by that Act; and (b) is subject to the conditions specified in section 8 as amended by that Act; and 4 Restaurant and cafe licences On and after the amendment of section 9A by the **Gambling and Liquor Legislation Amendment Act 2022**, any restaurant and cafe licence that was in force immediately before that amendment— (a) continues in force as if it were a restaurant and cafe licence granted under section 9A as amended by that Act; and (b) is subject to the conditions specified in section 9A as amended by that Act; and 5 Club licences On and after the amendment of section 10 by the **Gambling and Liquor Legislation Amendment Act 2022**, any full club licence or restricted club licence that was in force immediately before that amendment— (a) continues in force as if it were a full club licence or restricted club licence granted under section 10 as amended by that Act; and (b) is subject to the conditions specified in section 10 as amended by that Act; and 6 Packaged liquor licences On and after the amendment of section 11 by the **Gambling and Liquor Legislation Amendment Act 2022**, any packaged liquor licence that was in force immediately before that amendment— (a) continues in force as if it were a packaged liquor licence granted under section 11 as amended by that Act; and (b) is subject to the conditions specified in section 11 as amended by that Act; and 7 Late night licences On and after the amendment of section 11A by the **Gambling and Liquor Legislation Amendment Act 2022**, any late night licence that was in force immediately before that amendment— (a) continues in force as if it were a late night licence granted under section 11A as amended by that Act; and (b) is subject to the conditions specified in section 11A as amended by that Act; and 8 Producer's licences On and after the the amendment of section 13 by the **Gambling and Liquor Legislation Amendment Act 2022**, any producer's licence that was in force immediately before that amendment— (a) continues in force as if it were a producer's licence granted under section 13 as amended by that Act; and (b) is subject to the conditions specified in section 13 as amended by that Act; and 9 Conditions in relation to the supply of liquor through online orders On and after the amendment of section 18C by the **Gambling and Liquor Legislation Amendment Act 2022**, any licence that is subject to the conditions specified in section 18C immediately before that amendment is subject to the conditions specified in section 18C as amended by that Act. Sch. 8 inserted by No. 26/2022 s. 25.