Part 9ALiquor accords

Part 9A—Liquor accords 128D—Interpretation In this Part— accord area means an area, as determined under section 128H(2), to which a local liquor accord applies (as varied from time to time under section 128H(3)); alcohol‑related violence includes anti‑social behaviour, disorder, harm and violence, including domestic violence, if alcohol is involved in the conduct constituting the behaviour, disorder, harm or violence; coordinator, for a local liquor accord, is the coordinator specified under section 128E(2)(b); local liquor accord means any written code of practice, memorandum of understanding or other arrangement that— (a) affects the supply of liquor, the opening and closing of licensed premises or other aspects of the management of, or conduct of business on, licensed premises; and (b) is made under this Part for the purpose of preventing or reducing alcohol‑related violence. 128E—Preparation of draft local liquor accords (1) 1 or more licensees and 1 or more of the following persons or bodies may prepare a draft local liquor accord and give it to the Commissioner for approval: (a) the Commissioner; (b) the Commissioner of Police; (c) a council; (d) any other person or body, or person or body of a class, prescribed by the regulations. (2) A draft local liquor accord must include the following details: (a) the name of each party to the draft; (b) the name and address of the coordinator for the local liquor accord (being a party to the draft or a representative of a party to the draft); (c) the proposed accord area; (d) any other details prescribed by the regulations. 128F—Terms of local liquor accords Without limiting the terms that may be included in a local liquor accord, a local liquor accord may make provision for or with respect to authorising or requiring any licensees who are parties to it to do 1 or more of the following: (a) to cease or restrict either or both of the following on their licensed premises: (i) the sale of liquor on those premises (including the sale of liquor for consumption off premises); (ii) allowing the consumption of liquor on those premises; (b) to restrict the public's access to the licensed premises in the manner and to the extent provided by the local liquor accord; (c) to take any other measure prescribed by the regulations as a measure that may be taken to prevent or reduce alcohol‑related violence. 128G—Competition and Consumer Act and Competition Code Any conduct on the part of any person engaged in for the purpose of— (a) preparing a draft local liquor accord; or (b) the approval of a local liquor accord; or (c) promoting or giving effect to the terms of a local liquor accord, is authorised for the purposes of section 51 of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of South Australia. 128H—Approval of local liquor accords (1) The Commissioner may approve a local liquor accord and the accord takes effect when so approved. (2) In approving a local liquor accord, the Commissioner must determine the area to which the accord is to apply by taking into account the area proposed in the draft local liquor accord by the parties to the draft and any other relevant matters. (3) The Commissioner may, on the Commissioner's own initiative or on application of the parties to a local liquor accord, by written notice to the coordinator of the accord, vary the accord (including the accord area). (4) The power to vary an accord under subsection (3) includes the power— (a) to determine that a party is removed as a party to the local liquor accord; or (b) to add a person or body under section 128E(1) as a party to the accord. (5) However, the Commissioner may only exercise a power under subsection (4) if the relevant party has given the Commissioner a written request to be removed or added as a party to the local liquor accord. (6) The Commissioner may terminate a local liquor accord on the Commissioner's own initiative or on application of the coordinator. (7) The coordinator may only make an application under subsection (6) with the consent of the parties to the local liquor accord. (8) The Commissioner must, as soon as is reasonably practicable after approving, varying or terminating a local liquor accord, give the parties notice of the approval, variation or termination (as the case requires).