Liquor Act 1992

This Act may be cited as the Liquor Act 1992.

This Act commences on a day to be fixed by proclamation.

This Act binds the Crown.

The main purposes of this Act are—

to regulate the liquor industry, and areas in the vicinity of licensed premises, in a way compatible with—

minimising harm, and the potential for harm, from alcohol abuse and misuse and associated violence; andExamples of harm—

• adverse effects on a person’s health

• personal injury

• property damage

minimising adverse effects on the health or safety of members of the public; and

minimising adverse effects on the amenity of the community; and

to facilitate and regulate the optimum development of the tourist, liquor and hospitality industries of the State having regard to the welfare, needs and interests of the community and the economic implications of change; and

to provide for the jurisdiction of the tribunal to hear and decide reviews of certain decisions under this Act; and

to provide for a flexible, practical system for regulation of the liquor industry of the State with minimal formality, technicality or intervention consistent with the proper and efficient administration of this Act; and

to regulate the sale and supply of liquor in particular areas to minimise harm caused by alcohol abuse and misuse and associated violence; and

to regulate the provision of adult entertainment; and

to provide revenue for the State to enable the attainment of this Act’s main purposes and for other purposes of government.

The underlying principle of this Act in relation to the sale and supply of liquor is—

a person may obtain a licence to sell or supply liquor as part of conducting a business on premises; and

liquor may only be sold or supplied on the licensed premises as part of the person conducting a business, on the licensed premises, that is the principal activity under the licence.

This Act states the principal activity of a business that may be conducted under each type of licence.

This Act must be administered in accordance with the underlying principle of this Act.

This section applies subject to the main purpose of this Act mentioned in section 3(a).

A licence is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).

Function is an event or occasion to which persons are invited by, or for, the organiser of the event or occasion.

However, function does not include an event or occasion organised—

by the owner or licensee of the licensed premises where the event or occasion is held if the event or occasion is for the owner’s or licensee’s own benefit; or

by someone else if the owner or licensee of the premises where the event or occasion is held is entitled to receive a benefit other than a charge for using the premises and providing catering facilities.

Liquor is a spirituous or fermented fluid or another substance—

in which the level of ethyl alcohol (ethanol) is more than 0.5% by volume at 20ºC; and

that is intended for human consumption. Examples of spirituous or fermented fluids—alcoholic cocktails, beers, liqueurs, pre-mixed alcoholic drinks, spirits and wines Examples of other substances—aerosol sprays, ice confections, jellies and powders

Liquor also includes any other substance containing ethyl alcohol (ethanol) that is prescribed by regulation as liquor.

For an adult entertainment permit, a person is an associate of an individual if the person—

is a member of the individual’s family; or

has entered into a business arrangement or relationship with the individual for the provision of adult entertainment; or

is the owner or lessor, either alone or jointly, of premises used or proposed to be used for the provision of adult entertainment under an adult entertainment permit.

A person is an associate of a corporation if the person is an executive officer of the corporation.

Each of the following persons is a responsible adult for a minor—

a parent, step-parent or guardian of the minor;

an adult who has parental rights and responsibilities for the minor.

For this Act, acceptable evidence of the age of a person is a document, issued to the person, that—

is 1 of the following—

a photo identification card;

a recognised proof of age card;

an Australian driver licence;

a foreign driver licence;

an Australian or foreign passport; and

is current; and

bears a photo of the person; and

indicates, by reference to the person’s date of birth or otherwise, the person has attained a particular age.

Also, for this Act, acceptable evidence of the age of a person is—

a digital authority that complies with subsection (1)(c) and (d); or

a digital evidence of age; or

a digital evidence of identity.

In this section—Australian driver licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.authorised entity means—

an entity of the Commonwealth or another State performing functions similar to the functions of the chief executive under the Photo Identification Card Act 2008; or

an entity—

approved by an entity mentioned in paragraph (a) to issue documents used as evidence of the age of persons; and

approved, in writing, by the commissioner.

foreign driver licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.photo identification card see the Photo Identification Card Act 2008, section 5.recognised proof of age card means a document issued to a person, by an authorised entity, for the purpose of evidencing the age of the person.

For the purposes of this Act—

12 containers each containing at least 700mL of liquor, or 24 containers each containing at least 345mL of liquor, are to be taken to contain a total quantity of 9L of liquor; and

6 containers each containing at least 700mL of liquor, or 12 containers each containing at least 345mL of liquor, are to be taken to contain a total quantity of 4.5L of liquor.