Liquor Act 1992

The principal activity of a business conducted under an artisan producer licence (beer) is the production and sale of craft beer on the licensed premises for the licence in the following circumstances—

at least 2,500 litres of beer is produced, in each financial year, at the licensed premises;

no more than a combined total of 5 million litres of beer is produced, in each financial year, by the licensee and any related body corporate of the licensee under any licence, including a licence issued under the law of another State;

if the licensee does not also carry out the principal activity of producing and selling artisan spirits under section 75E—at least 70% of the licensee’s liquor sales measured by value of sales, in each financial year, are for craft beer produced on the licensed premises;

if the licensee also carries out the principal activity of producing and selling artisan spirits under section 75E—at least 70% of the licensee’s liquor sales measured by value of sales, in each financial year, are for craft beer and artisan spirits produced on the licensed premises;

if the licensee is a corporation—the licensee is not related to a large brewer.

For subsection (1)(d), the amount for which an entire cocktail is sold is counted in calculating the licensee’s liquor sales.

For subsection (1)(e), a licensee that is a corporation is related to a large brewer if—

20% or more of the corporation’s shares are owned by, or held in trust for, a large brewer or a subsidiary of a large brewer; or

20% or more of the votes that may be cast at a general meeting of the corporation are able to be cast by, or on behalf of, a large brewer or a subsidiary of a large brewer.

In this section—large brewer means a brewer that produces more than 40 million litres of beer in any financial year.