Subdiv 4Interstate direct sales licence

Subdivision 4—Interstate direct sales licence 41—Interstate direct sales licence (1) Subject to this Act and the conditions of the licence, an interstate direct sales licence authorises the licensee to sell liquor at any time through direct sales transactions (provided that, if the liquor is to be delivered to an address in this State, the liquor is delivered only between the hours of 8 am and 10 pm). (2) An interstate direct sales licence may be granted to a person who— (a) holds a corresponding authorisation; and (b) provides evidence in such manner and form as determined by the Commissioner that the person holds a corresponding authorisation; and (c) does not hold a licence of a class set out in section 31(2). (3) If a corresponding authorisation of an interstate direct sales licencee is, under the relevant law of another State or Territory of the Commonwealth, suspended or revoked, the Commissioner may suspend or revoke (as the case requires) the relevant licensee's interstate direct sales licence. (4) The regulations may provide that specified provisions of this Act do not apply, or apply with prescribed variations, to or in relation to— (a) an application for an interstate direct sales licence; or (b) the holder of an interstate direct sales licence. corresponding authorisation means an authorisation under a law of another State or Territory of the Commonwealth for the sale or supply of liquor of a kind that authorises the sale of liquor by direct sales transactions. Division 3—Conditions of licence 42—Mandatory conditions (1) It is a condition of every licence that the licensee must comply with the Commissioner's codes of practice. (1a) It is a condition of every licence (other than a short term licence) that, if there is a change in the name of the licensed premises, the licensee must, within 14 days, give the Commissioner written notice of the change in the form determined by the Commissioner. (1b) It is a condition of every licence that the licensee must not use a name for licensed premises if the Commissioner has issued a notice in writing to the licensee within 28 days of receiving notice of the name, or a change of name, of the licensed premises, prohibiting the licensee from using that name for the licensed premises. (1c) It is a condition of every licence that the licensee must, within 14 days of any change of the name, address or contact details of the licensee, give the Commissioner notice of the details of the change in a form determined by the Commissioner. (2) It is a condition of a licence authorising the sale of liquor for consumption off the licensed premises that liquor sold under that authorisation— (a) must be delivered to the purchaser in sealed containers or containers of a kind approved by the licensing authority; and (b) if the liquor is not delivered personally to the purchaser at the licensed premises—must, except in the case of a packaged liquor sales licence that authorises the licensee to sell liquor only through direct sales transactions, an interstate direct sales licence or where the licensing authority gives an authorisation to the contrary, be despatched to the purchaser from the licensed premises; and (c) must not be consumed on the licensed premises unless the licence also authorises the sale of liquor for consumption on the licensed premises and the liquor could have been lawfully sold and consumed on the licensed premises under that authorisation. 42A—New Year's Eve trading in relation to certain licences (1) For the purposes of New Year's Eve trading, it is a condition of a licence authorising the sale of liquor for consumption on the licensed premises that the sale of liquor for consumption on the premises may continue until 2 am on New Year's Day. (2) Nothing in this section limits the powers of the licensing authority under section 43. 43—Power of licensing authority to impose conditions (1) Subject to this section, the licensing authority may— (a) impose a condition on a licence (including a condition that varies the trading hours in respect of the licence fixed or required by or under this Act); and (b) vary, suspend or revoke a condition of a licence (including a condition imposed by this Act, but not including a mandatory condition contemplated by section 42). (2) The licensing authority may impose, vary, suspend or revoke a condition under subsection (1)— (a) on the grant, transfer or removal of a licence; or (b) on application by the licensee; or (c) on application by the Commissioner of Police; or (d) on application by a prescribed person or body; or (e) if the licensing authority is the Court—on application by the Commissioner; or (f) in any other proceedings under this Act involving the licensee; or (g) if the Commissioner considers the imposition, variation, suspension or revocation of the condition to be in the public interest—on the Commissioner's own initiative. (3) A reference in this section to a condition of a licence includes a reference to a rule applying under section 39(2). 45—Compliance with licence conditions (1) If a condition of a licence is not complied with— (a) the licensee is guilty of an offence; and (b) if the breach of the condition involves conduct of another person that the other person knows might render the licensee liable to a penalty—the other person is also guilty of an offence. (a) in the case of the licensee— (i) for a first offence—$10 000; (ii) for a second or subsequent offence—$20 000; (ab) for an offence against a code of practice— (i) for a category A offence—$20 000; (ii) for a category B offence—$10 000; (iii) for a category C offence—$5 000; (iv) for a category D offence—$2 500; (b) in any other case—$2 500. Expiation fee: (a) for an offence of a kind prescribed by the regulations— (i) in the case of the licensee—$1 200; (ii) in any other case—$210; (b) for an offence against a code of practice— (i) for a category A expiable offence—$1 200; (ii) for a category B expiable offence—$315; (iii) for a category C expiable offence—$210; (iv) for a category D expiable offence—$160. (2) For the purposes of subsection (1), a contravention of, or failure to comply with, a provision of a code of practice is a category A, B, C or D offence, or a category A, B, C or D expiable offence, if it has been declared to be such an offence by the Commissioner in accordance with section 11A(3a). Division 4—General provisions 46—Unauthorised sale or supply of liquor (1) A licensee who sells liquor in circumstances in which the sale of liquor is not authorised by the licence is guilty of an offence. (2) A licensee who supplies liquor to a person in or in the vicinity of licensed premises in circumstances in which the licensee would not be authorised to sell liquor to that person is guilty of an offence. 47—How licences are to be held (1) A licence may be held jointly by two or more persons. (2) Where a licence is held jointly by two or more persons, those persons are jointly and severally liable to any civil or criminal liability that attaches to the licensee under this Act. (3) If the trustee of a trust holds a licence for the purposes of a business conducted by the trustee under a trust— (a) the name of the trust is to be specified in the licence; and (b) the trust is to be considered as an entity holding the licence jointly with the trustee. 48—Plurality of licences (1) A person may hold 2 or more licences. (3) However, 2 or more licences are not to be granted for the same premises except as follows: (a) 2 or more licences may be granted for different parts of the same premises that are separated by walls or partitions that effectively prevent their use for a common purpose; and (b) 2 or more club licences may be granted for the same premises provided that each licensee maintains a register in accordance with conditions specified by the licensing authority containing the details required by the licensing authority (including details relating to the times at which liquor is sold by each licensee at the licensed premises); and (c) a short term licence may be granted for premises or a part of premises in respect of which a licence of some other class is in force; and (d) 2 or more liquor production and sales licences may be granted for the same premises constituting a collective outlet. 50—Minors not to be licensees A minor must not— (a) hold a licence; or (b) occupy a position of authority in a trust or corporate entity that holds a licence, (but a minor may be a shareholder in a proprietary company or a beneficiary of a trust that holds a licence). 50A—Annual fees (1) A licensee (including the holder of a licence that has been suspended) must, in each year, pay to the Commissioner an annual fee in accordance with the regulations. (2) Without limiting the matters that may be dealt with in the regulations, the regulations may— (a) fix the day of the month on or before which the fee is to be paid in each year; and (b) fix the period of 12 months (the annual fee period) in respect of which the fee is to be paid; and (c) provide for the fee to be determined by reference to the class of licence or business conducted under the licence, the trading hours authorised by the licence or any other factor and for a matter to be determined according to the discretion of the Commissioner; and (d) provide for transitional arrangements if the date for payment or the annual fee period is to be varied, including by providing for the payment of 2 fees within the same year for the purposes of the transition to a different date for payment and for an annual fee period that is longer or shorter than 12 months for the purposes of the transition to a different annual fee period. (3) If the trading hours or conditions of a licence are varied, or circumstances vary, in respect of trade in liquor during an annual fee period such that the annual fee paid in respect of the period is less than the annual fee that would have been payable had the variations been taken into account in the calculation of the fee, the Commissioner may recalculate the annual fee and, by written notice, require the licensee to pay the difference within 28 days after service of the notice. (4) If a licensee fails to pay the annual fee in accordance with the regulations or to pay an amount in accordance with subsection (3), the Commissioner may, by written notice, require the person to make good the default as specified in the notice and, in addition, pay to the Commissioner the amount prescribed as a penalty for default. (5) If a licensee fails to comply with a notice under subsection (4) within 28 days after service of the notice, the licence is suspended until the notice has been complied with. (5a) The Commissioner must give the licensee written notice of a suspension under subsection (5). (5b) If a notice under subsection (4) has not been complied with within 60 days after the service of the notice under subsection (5a), the Commissioner has an absolute discretion to revoke the licence. (5c) The Commissioner must, before revoking a licence under subsection (5b)— (a) give notice to the holder of the licence of the proposed revocation; and (b) allow the holder of the licence a period of 21 days (or such longer period as the Commissioner may allow) to show cause why the licence should not be revoked. (5d) The Commissioner must give the licensee written notice of a revocation under subsection (5b). 50B—Notification of certain variations to licences If a licensee notifies the Commissioner, in a manner and form determined by the Commissioner, that the licensee— (a) has reduced the number of hours during which the licensee trades in liquor (but not so as to allow trading in liquor at the licensed premises at later hours than those previously fixed in relation to the licence); or (b) has reduced the number of persons stated in the licence as the maximum capacity of the licensed premises; or (c) no longer sells or supplies liquor in accordance with a club event endorsement, a club transport endorsement or a production and sales event endorsement, the Commissioner may vary the relevant licence and any terms and conditions under the licence accordingly.