Application fees
Schedule 1 Application fees
104 Information to be kept by licensee
For section 108(1) of the Act, a licensee must keep a record of the volume (in litres) and value of all liquor sold by the licensee during each financial year.
105 Persons subject to prohibition relating to purchase of liquor
For section 128(1)(d) of the Act, the following provisions are prescribed:
a condition of a community correction order or intensive community correction order made under the Sentencing Act 1995
relating to liquor;
a condition of an order made under section 40 of the Sentencing
Act 1995 relating to liquor;
a condition of a court order made under section 11, 13,
39F(1)(c), 44, 48F(1)(b) or 78K of the Sentencing Act 1995 as in force before the commencement of Part 2 of the Sentencing and
Other Legislation Amendment Act 2022 relating to liquor;
a condition of a court order made under section 83(1) of the
Youth Justice Act 2005 relating to liquor;
a condition of a parole order under the Parole Act 1971, including a parole order registered under the Parole Orders
(Transfer) Act 1981 relating to liquor;
a child protection prohibition order under section 72 or 75(1) of the Child Protection (Offender Reporting and Registration)
Act 2004 relating to liquor;
a supervision direction under section 123(1)(a)(i) of the
Care and Protection of Children Act 2007 relating to liquor;
a prohibition under section 42(3) of the Alcohol Harm
Reduction Act 2017;
a requirement of a supervision order referred to in section 19 of the Serious Sex Offenders Act 2013 relating to liquor.
106 Authorities requiring identification system
For section 129(1) of the Act, a licensee with any of the following authorities must use and maintain the identification system established by the Minister:
a grocery store authority;
a takeaway authority.
Despite subregulation (1), the identification system is not required for the licensed premises for which a licence was issued under the Liquor Act 1978 and that is listed in Schedule 4.
109 Forfeiture form
For section 275(5) of the Act, the form for an application to the Local Court for the forfeiture of a vehicle, vessel or aircraft is set out in Schedule 5.
110 Alice Springs – limit on-sales for on premises consumption
Despite any other regulation, a licensee must not sell, serve or supply any liquor other than low-strength beer for consumption on the licensed premises in Alice Springs before 11:30 on any day from
Monday to Friday, other than a public holiday.
111 Places included in restricted premises
For section 188(h) of the Act, the places specified in
Schedule 7 may be included in restricted premises.
The coordinates in Schedule 7 are based on the datum known as
WGS84.
111A Requirements for small community groups
A registered small community group must make complimentary tap water available to patrons at all times while liquor is being served.
111B Content of community alcohol plan
A community alcohol plan must specify the area to which the plan applies.
A community alcohol plan must include measures aimed at:
managing the supply of alcohol in the community; and
reducing demand for alcohol in the community; and
reducing harm or risks of harm that may be caused by the consumption of alcohol in the community.
Examples for subregulation (2)(a)
1 Establishment of a community club in the community.
2 Establishment of a community safety plan for the community.
Examples for subregulation (2)(b)
1 Provision of resources for intervention, detoxification and treatment of alcohol dependent drinkers.
2 Provision of sport, music, youth or other diversion activities in the community.
Examples for subregulation (2)(c)
1 Provision of patrols in the community.
2 Provision of alcohol and other drug treatment and rehabilitation programs in the community.
3 Provision of women's shelters and safe houses.
4 Provision of educational and therapeutic interventions in respect of alcohol-related violence.
5 Availability of police resources in the community.
A community alcohol plan must include information about the following:
how the plan will be implemented and managed by the community;
who is responsible for implementing and managing the measures included in the plan;
the status of each measure included in the plan;
how progress on implementing the plan will be communicated to the members of the community and other stakeholders;
the information required under regulations 111C, 111D and 111F or 111G.
111C Consultation on community alcohol plan
A person preparing a community alcohol plan for a community must consult with and consider the views of the following:
the residents of the community, including each of the following groups of residents:
women;
young people;
vulnerable people;
representatives of local government for the community;
providers or proposed providers of education and health services, including alcohol and other drugs services, in the community;
representatives of the Agencies principally responsible for child protection, justice and police;
operators of businesses and services in the community;
a person or group listed as responsible for implementing a measure in the community alcohol plan.
Consultation under subregulation (1) must be conducted in a manner that is:
appropriate to the particular community; and
responsive to the needs of different groups in the community; and
free of intimidation, coercion and bullying.
Note for subregulation (2)
Different groups and people may need to be consulted with in different manners.
111D Support for community alcohol plan
A community alcohol plan must:
specify the number of adults who permanently reside in the community; and
include information as to how the number specified under paragraph (a) was determined; and
specify the percentage or number of adults who permanently reside in the community who support the community alcohol plan.
Example for paragraph (b)
1 Electoral roll data.
2 Information from local housing providers.
111E Manner of seeking support for community alcohol plan
For this regulation, the number of adult residents in a community is the number of adult residents in the community according to the most recently available census data from the Australian Bureau of Statistics.
Support for a community alcohol plan for a community with more than 50 adult residents must be sought under regulation 111F.
Support for a community alcohol plan for a community with 50 or fewer adult residents must be sought under regulation 111F or 111G.
111F Ballots
Support for a community alcohol plan under this regulation is to be determined by a ballot of adults who permanently reside in the community.
A ballot conducted under subregulation (1) must:
give voters a reasonable opportunity to vote; and
be conducted in a manner that ensures voters are able to vote without intimidation, coercion or bullying.
The community alcohol plan must include information about the ballot process, including information about the measures taken under subregulation (2).
111G Written support
Support for a community alcohol plan under this regulation is to be determined by recording the name and signature of each adult who permanently resides in the community who supports the plan.
Measures must be put in place so that community members are not intimidated, coerced or bullied into supporting or not supporting the community alcohol plan.
Example for subregulation
Community members are given an opportunity to consider and sign the plan away from other community members.
The community alcohol plan must include information about the measures put in place under subregulation (2).
The community alcohol plan must be accompanied by a document that includes:
the name of each adult who permanently resides in the community;
and
the signature of each adult who permanently resides in the community who supports the community alcohol plan.
111H Review of implementation of community alcohol plans
The Director must review a community alcohol plan for a community within 12 months after the interim alcohol protected area for the community is revoked.
111J Repeal of Part
This Part is repealed on the day Part 8, Division 1 of the Act is repealed.
112 Considerations for Director
In the case of a contravention of regulation 53(2), the Director must consider the following before taking action under section 163 of the Act:
whether the gross value of the sales of liquor by the licensee during the previous 12 month period have decreased since the 12 month period before that;
whether the licensee has increased the quantity or variety of its inventory of products other than liquor;
whether the licensee has decreased the quantity or variety of its inventory of liquor;
whether any matters beyond the control of the licensee may have caused or contributed to the contravention;
whether the licensee made reasonable efforts to prevent the contravention.
Example for paragraph (d)
Changes in seasonal demand, increased sales to tourists and increased excise taxes.
113 Prescribed amounts for infringement notice offences
The prescribed amount for an infringement notice offence is the monetary value of the penalty units specified in
Schedule 6 for the offence for which the notice was given.
114 When infringement notice may be given
An inspector or a police officer may give an infringement notice to a person who the inspector or officer believes on reasonable grounds has committed an offence against a provision of the Act specified in Schedule 6, Part 1.
An inspector may give an infringement notice to a person who the inspector believes on reasonable grounds has committed an offence against a provision of the Act specified in Schedule 6, Part 2.
115 Contents of infringement notice
The infringement notice must specify the following particulars:
the name and address of the person, if known;
the date the infringement notice is given to the person;
the date and time of the infringement notice offence and the place at which the infringement notice offence occurred;
a description of the offence;
the prescribed amount payable for the offence;
the enforcement agency, as defined in the Fines and Penalties
(Recovery) Act 2001, to which the prescribed amount is payable.
The infringement notice must include a statement to the effect of the following:
the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given;
the person may elect under section 21 of the Fines and
Penalties (Recovery) Act 2001 to have the matter dealt with by a court instead of under that Act by completing a statement of election and serving it on the specified enforcement agency;
if the person does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery)
Act 2001.
Also, the infringement notice must include an appropriate form for making the statement of election referred to in subregulation (2)(b).
116 Electronic payment and payment by cheque
If the person uses electronic means to pay the prescribed amount, payment is not effected until the amount is credited to the payee's bank account.
If the person tenders a cheque in payment of the prescribed amount, payment is not effected unless the cheque is cleared on first presentation.
117 Withdrawal of infringement notice
A police officer may withdraw an infringement notice given by a police officer by written notice given to the person.
An inspector may withdraw an infringement notice given by the inspector by written notice given to the person.
The notice must be given:
within 28 days after the infringement notice is given to the person; and
before payment of the prescribed amount.
118 Effect of this Division
This Division does not:
prejudice or affect the start or continuation of a proceeding for an infringement offence unless the offence is expiated; or
limit the penalty that may be imposed by a court for the offence;
or
prevent more than one infringement notice for the same infringement offence being given to a person; or
require an infringement notice to be given; or
affect the liability of a person to be prosecuted in a court for an infringement notice offence for which an infringement notice was not given.
If more than one infringement notice for the same offence was given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices.
119 Infringement notices for offences relating to interim alcohol protected areas
An offence against section 170B(1) of the Act is taken to be an infringement notice offence for these Regulations.
The prescribed amount for the infringement notice offence specified in subregulation (1) is 2 penalty units.
For regulation 114, section 170B(1) of the Act is taken to be specified in Schedule 6, Part 1.
This regulation is repealed immediately after the repeal of section 170B of the Act by section 170D of the Act.
regulation 7
|
Application |
Fee (revenue units) |
1 |
wholesaler's registration – 1 year |
17 |
2 |
wholesaler's registration – 3 years |
50 |
3 |
wholesaler's registration – 5 years |
83 |
4 |
licence and community event authority |
17 |
5 |
licence and major event |
17 |
6 |
licence and special event authority |
17 |
7 |
licence and one or more authorities, other than special event authority |
166 |
8 |
adding one or more authorities to an existing licence, other than special event authority |
166 |
9 |
variation of condition |
83 |
10 |
material alteration |
83 |
Note for Schedule 1
The fees in this Schedule are for the application only. If the licence or authority is issued, there will be an initial fee and, in subsequent years, an annual fee. The following are exceptions to this:
(a) an interstate retailer licence; and
(b) a special event authority; and
(c) a wholesaler registration.
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