Authorisation for purposes of Competition and Consumer Act 2010 (Cwlth)
224A Authorisation for purposes of Competition and Consumer Act 2010 (Cwlth)
This section applies if—
a liquor accord includes a term that has the effect of being a price control or supply control; or
a local board for a safe night precinct adopts a local initiative that has the effect of being a price control or supply control.
The parties to the liquor accord, or the local board, may apply to the commissioner to register the liquor accord or the local initiative.
The application must be made in a way approved by the commissioner.
The commissioner must consider the application and decide whether to register the liquor accord or local initiative.
If the only price controls and supply controls in the liquor accord or local initiative are mirror controls, the commissioner must register the liquor accord or local initiative.
If any price control or supply control in the liquor accord or local initiative is not a mirror control, the commissioner may register the liquor accord or local initiative only if satisfied the price control or supply control is appropriate for reducing, and proportionate to, the alcohol-related problems it is intended to reduce.
In deciding whether to register a liquor accord or local initiative, the commissioner must have regard to guidelines made under section 42A.
The commissioner must de-register a liquor accord or local initiative registered under this section if—
the commissioner is no longer satisfied a price control or supply control included in the liquor accord or local initiative is—
appropriate for reducing the alcohol-related problems intended to be reduced by the control; or
proportionate to the alcohol-related problems intended to be reduced by the control; or
the liquor accord or local initiative is amended to include a price control or supply control that is not a mirror control.
If a liquor accord or local initiative registered under this section is amended to include or change a price control or supply control, the parties to the liquor accord, or the local board, must give the commissioner written notice of the amendment in a way approved by the commissioner.
Entry by a person into a liquor accord or adoption of a local initiative, and any conduct of a person done for the purpose of promoting or giving effect to the terms of a liquor accord or a local initiative, are authorised by this Act for the Competition and Consumer Act 2010 (Cwlth), section 51(1)(b) and the Competition Code of Queensland.
However, the authorisation under subsection (10) applies—
only while the liquor accord or local initiative is registered under this section; and
only to the extent the liquor accord or local initiative regulates the supply of liquor.
If the commissioner approves a way for making an application or providing information under this section, the commissioner must publish the details of the approved way on the department’s website.
In this section—
alcohol-related problems means—
harm caused by alcohol abuse and misuse and associated violence; and
alcohol-related disturbances, or public disorder, in a locality.
liquor accord see section 224(2).
local initiative, of a local board for a safe night precinct, means a resolution, rule or arrangement adopted by the board.
mirror control means a price control or supply control that is enforced under this Act.
price control means a term of an agreement, memorandum of understanding or other arrangement that imposes a minimum sale price for a specific volume of liquor.
Example—
setting a minimum price for 1 standard drink
supply control means a term of an agreement, memorandum of understanding or other arrangement that prohibits the way liquor can be supplied.
Example—
restricting the supply of particular products based on the volume or strength of liquor contained in the product
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