Liquor Control Reform Act 1998

S. 3(1) def. of alcohol-based food essence inserted by No. 88/2001 s. 4(a).

alcohol-based food essence means a food flavouring preparation in liquid form intended for human consumption with an alcoholic content greater than 0⋅5% by volume at a temperature of 20° Celsius;

S. 3(1) def. of alcohol-related violence or disorder inserted by No. 73/2007 s. 10.

alcohol-related violence or disorder means violence or disorder resulting from or related to the consumption of alcohol (whether or not the alcohol is consumed in the place where the violence or disorder occurs);

S. 3(1) def. of amenity inserted by No. 39/2002 s. 4(1).

amenity has the meaning given by section 3A;

S. 3(1) def. of approved advanced RSA program inserted by No. 64/2014 s. 40.

approved advanced RSA program means a training program approved by the Commission under section 146E;

S. 3(1) def. of approved responsible service of alcohol program inserted by No. 57/2010 s. 4(2), amended by No. 58/2011 s. 51(3).

approved responsible service of alcohol program means—

S. 3(1) def. of approved responsible service of alcohol program register inserted by No. 57/2010 s. 4(2), repealed by No. 20/2018 s. 21(1).

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S. 3(1) def. of associate inserted by No. 92/2004 s. 9(1), substituted by No. 73/2007 s. 8.

associate has the meaning given in section 3AC;

S. 3(1) def. of Australian lawyer inserted by No. 8/2009 s. 4(1), repealed by No. 17/2014 s. 160(Sch. 2 item 56).

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authorised gaming visitor means a person—

S. 3(1) def. of authorised member of the police force repealed by No. 57/2010 s. 4(3)(a).

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S. 3(1) def. of authorised notifier inserted by No. 71/2011 s. 4(a), amended by No. 37/2014 s. 10(Sch. item 96.1(b)).

authorised notifier means—

S. 3(1) def. of authorised person inserted by No. 8/2009 s. 4(1), substituted by No. 58/2011 s. 51(2), amended by Nos 37/2014 s. 10(Sch. item 96.1(c)), 26/2022 s. 17(b).

authorised person means—

S. 3(1) def. of authorised premises amended by No. 59/2009 s. 4(1).

authorised premises means premises referred to in section 9(1)(b), 9A(1)(b) or 11A(3)(b);

S. 3(1) def. of banning notice inserted by No. 73/2007 s. 4.

banning notice means a notice given under section 148B;

S. 3(1) def. of barring order inserted by No. 12/2011 s. 3(1).

barring order means an order served under section 106D, whether or not the order is varied under section 106I;

S. 3(1) def. of bed and breakfast business inserted by No. 57/2010 s. 4(1), substituted by No. 21/2014 s. 4(2).

bed and breakfast business means a business that provides temporary accommodation, other than dormitory style accommodation, for not more than 8 adults in the course of that business;

S. 3(1) def. of breach notice inserted by No. 73/2007 s. 11, amended by No. 58/2011 s. 104(Sch. item 4.1(a)).

breach notice means a notice served by the Commission under section 97A;

S. 3(1) def. of butcher business inserted by No. 57/2010 s. 4(1).

butcher business means a business whose primary function is to sell raw meat or fish on a retail basis for human consumption, but does not include a business where meat is sold to be consumed on the premises;

BYO permit means a BYO permit granted under this Act;

S. 3(1) def. of Chief Commis-sioner substituted by No. 37/2014 s. 10(Sch. item 96.1(d)).

Chief Commissioner means the Chief Commissioner of Police appointed under the Victoria Police Act 2013;

S. 3(1) def. of Commission inserted by No. 58/2011 s. 51(1), substituted by No. 26/2022 s. 17(c).

Commission means the Victorian Liquor Commission established by section 172B;

S. 3(1) def. of commission-er inserted by No. 58/2011 s. 51(1), substituted by No. 26/2022 s. 17(d).

commissioner means a member of the Commission appointed under Division 2 of Part 9A;

S. 3(1) def. of compliance inspector inserted by No. 8/2009 s. 4(1), repealed by No. 58/2011 s. 51(4).

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S. 3(1) def. of community interest inquiry inserted by No. 26/2022 s. 17(a).

community interest inquiry means an inquiry referred to in section 172ZH;

S. 3(1) def. of contested application substituted by No. 73/2007 s. 9.

contested application means—

S. 3(1) def. of convenience store inserted by No. 92/2004 s. 9(1), amended by No. 49/2021 s. 4(3).

convenience store means a milk bar, mixed business or other premises of not more than 240 square metres on which food, drinks and other convenience goods are sold;

S. 3(1) def. of co-operative amended by No. 9/2013 s. 42(Sch. 2 item 12).

co-operative has the same meaning as in the Co‑operatives National Law (Victoria);

S. 3(1) def. of Council amended by No. 9/2020 s. 390(Sch. 1 item 62.1).

Council has the same meaning as in the Local Government Act 2020;

S. 3(1) def. of cruise ship inserted by No. 21/2014 s. 4(1).

cruise ship means a ship that—

S. 3(1) def. of designated area inserted by No. 73/2007 s. 4.

designated area means an area declared under section 147 to be a designated area for the purposes of Part 8A;

S. 3(1) def. of designated place inserted by No. 43/2011 s. 29, substituted by No. 37/2014 s. 10(Sch. item 96.1(e)).

designated place has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of Director repealed by No. 58/2011 s. 51(4).

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director of a body corporate includes—

S. 3(1) def. of domestic partner inserted by No. 92/2004 s. 9(1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 37.1).

domestic partner of a person means—

driver licence means a driver licence issued under the Road Safety Act 1986;

S. 3(1) def. of emergency area inserted by No. 28/2022 s. 146(2).

emergency area, in relation to a state of emergency, means the area in which the state of emergency exists as specified in the declaration under section 198 of the Public Health and Wellbeing Act 2008;

S. 3(1) def. of event inserted by No. 59/2009 s. 4(3).

event includes a series of events;

evidence of age document means—

approved by the Minister that bears a photograph of the person to whom it is issued and enables that person's age to be determined;

S. 3(1) def. of exclusion order inserted by No. 73/2007 s. 4.

exclusion order means an order made by a court under section 148I;

S. 3(1) def. of family violence inserted by No. 49/2021 s. 4(1).

family violence has the same meaning as in the Family Violence Protection Act 2008;

S. 3(1) def. of florist or giftmaker business inserted by No. 57/2010 s. 4(1).

florist or giftmaker business means a business whose primary function is to sell flowers, food or other products that are packaged as, or intended to be, gifts;

S. 3(1) def. of food court inserted by No. 92/2004 s. 9(1).

food court means an area set aside on a retail premises for the consumption of food or drink by the customers of premises used for the sale of food or drink that are next to, or near, the area;

S. 3(1) def. of gambling and liquor inspector inserted by No. 58/2011 s. 51(1), repealed by No. 26/2022 s. 17(e).

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S. 3(1) def. of guardian inserted by No. 92/2004 s. 3.

guardian, in relation to a person who is under the age of 18 years, means a person who is authorised by law to manage the affairs of that young person;

S. 3(1) def. of guest amended by Nos 92/2004 s. 9(2), 59/2009 s. 30(a).

guest—

S. 3(1) def. of hairdresser business inserted by No. 57/2010 s. 4(1).

hairdresser business means a business whose primary function is to provide hairdressing or barber services;

S. 3(1) def. of harm inserted by No. 49/2021 s. 4(1).

harm means harm arising from the misuse and abuse of alcohol, including—

S. 3(1) def. of highway service centre inserted by No. 49/2021 s. 4(1).

highway service centre means a building or place that is used to provide refreshments and vehicle services to highway (including freeway) users which—

S. 3(1) def. of homeless person inserted by No. 73/2007 s. 4.

homeless person has the same meaning as in the Magistrates' Court Act 1989;

S. 3(1) def. of hospital inserted by No. 21/2014 s. 4(1).

hospital means any of the following—

S. 3(1) def. of infringement notice inserted by No. 71/2011 s. 4(a).

infringement notice has the same meaning as in the Infringements Act 2006;

S. 3(1) def. of infringement penalty inserted by No. 71/2011 s. 4(a).

infringement penalty has the same meaning as in the Infringements Act 2006;

S. 3(1) def. of inquiry inserted by No. 58/2011 s. 51(1), repealed by No. 26/2022 s. 17(e).

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S. 3(1) def. of insolvent under administration repealed by No. 4/2008 s. 32(Sch. item 18).

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S. 3(1) def. of late hour entry declaration inserted by No. 8/2006 s. 4(1).

late hour entry declaration means a declaration made under section 58B;

S. 3(1) def. of late night trading hours inserted by No. 59/2009 s. 4(3).

late night trading hours in relation to a licence or BYO permit, means a continuous period from 1 a.m. on a particular day, where the licence or permit also authorises the supply of liquor up to 1 a.m. on that day;

licence means a licence granted under this Act;

S. 3(1) def. of licensed premises amended by Nos 71/2011 s. 4(b), 20/2018 s. 4(1)(a).

licensed premises means the premises in respect of which a licence (other than a pre-retail licence) or BYO permit is granted but does not include premises referred to in section 13(1)(a) (producer's licence);

licensee means the holder of a licence;

licensing inspector means a person appointed as a licensing inspector under section 172;

liquor means a beverage, or other prescribed substance, intended for human consumption with an alcoholic content greater than 0⋅5% by volume at a temperature of 20° Celsius;

S. 3(1) def. of liquor inspector inserted by No. 26/2022 s. 17(a).

liquor inspector means a person appointed as a liquor inspector under section 172ZA;

S. 3(1) def. of liquor that is the licensee's product inserted by No. 20/2018 s. 4(2), substituted by No. 49/2021 s. 4(2).

liquor that is the licensee's product means liquor that is—

S. 3(1) def. of live music event inserted by No. 21/2014 s. 4(1).

live music event means an event at which takes place the creation or manipulation of sound for artistic, cultural or religious purposes, and which is performed to an audience;

S. 3(1) def. of major event inserted by No. 59/2009 s. 4(3).

major event means an event determined or taken under section 14B to be a major event;

S. 3(1) def. of municipal district inserted by No. 49/2021 s. 4(1).

municipal district has the same meaning as in the Local Government Act 2020;

nominee of a licensee or permittee, means a person approved under section 54 as nominee of that licensee or permittee;

S. 3(1) def. of non-compliance incident inserted by No. 71/2011 s. 4(a).

non-compliance incident, in relation to a licence or permit, means—

S. 3(1) def. of off-premises request inserted by No. 28/2022 s. 146(1).

off-premises request means a request for the supply of liquor, whether made by mail, telephone, facsimile, internet or other electronic communication, by a person who is not on the licensee's licensed premises at the time the request is made;

S. 3(1) def. of ordinary trading hours amended by Nos 96/2003 s. 14(1), 59/2009 s. 4(2), 71/2011 s. 4(c), 21/2014 s. 4(3), 20/2018 s. 4(1)(b), 49/2021 s. 4(4), 28/2022 s. 146(3).

ordinary trading hours means—

owner of premises, means the person for the time being entitled to receive either on their own account or as mortgagee or other encumbrancer the rent of the premises or who would be so entitled if the premises were let at a rent;

S. 3(1) def. of pandemic declaration inserted by No. 28/2022 s. 146(2).

pandemic declaration means a pandemic declaration made under section 165AB of the Public Health and Wellbeing Act 2008;

S. 3(1) def. of pandemic management area inserted by No. 28/2022 s. 146(2).

pandemic management area has the same meaning as in the Public Health and Wellbeing Act 2008;

S. 3(1) def. of party bus inserted by No. 88/2009 s. 4.

party bus has the meaning set out in section 113A;

S. 3(1) def. of permit inserted by No. 71/2011 s. 4(a).

permit means a BYO permit;

S. 3(1) def. of permitted percentage inserted by No. 39/2002 s. 4(1), repealed by No. 39/2002 s. 16(a).

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permittee means the holder of a BYO permit;

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 96.1(a)), repealed by No. 26/2022 s. 17(e).

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premises includes a vehicle, vessel and aircraft;

S. 3(1) def. of primary premises inserted by No. 71/2011 s. 4(a), amended by No. 20/2018 s. 4(1)(c).

primary premises, in relation to a producer's licence under section 13, means premises occupied and used by the licensee—

S. 3(1) def. of promotional event inserted by No. 71/2011 s. 4(a).

promotional event includes but is not limited to a craft market, farmers' market, commercial market, festival, agricultural show, food and wine event, gallery opening, fair or local event but does not include a major event or horse-racing event;

S. 3(1) def. of proof of age card amended by No. 58/2011 s. 104(Sch. item 4.1(b)).

proof of age card means a document issued by the Commission under section 176;

S. 3(1) def. of protective services officer inserted by No. 43/2011 s. 29, substituted by No. 37/2014 s. 10(Sch. item 96.1(f)).

protective services officer has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of Register inserted by No. 71/2011 s. 4(a).

Register means the Demerits Register established under section 86A;

S. 3(1) def. of related body corporate inserted by No. 39/2002 s. 4(2)(a), repealed by No. 39/2002 s. 16(a).

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S. 3(1) def. of related entity amended by No. 44/2001 s. 3(Sch. item 73.1), substituted by No. 39/2002 s. 4(2)(b), repealed by No. 39/2002 s. 16(a).

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S. 3(1) def. of relevant police member inserted by No. 73/2007 s. 4, repealed by No. 57/2010 s. 4(3)(b).

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residence, in sections 119 and 123, means—

but does not include licensed premises;

resident, in relation to licensed premises, means a person (other than the licensee or permittee) residing or lodging on the licensed premises;

S. 3(1) def. of residential care service inserted by No. 21/2014 s. 4(1).

residential care service has the same meaning as in the Health Services Act 1988;

S. 3(1) def. of responsible adult inserted by No. 92/2004 s. 3.

responsible adult, in relation to a person who is under the age of 18 years, means a person who is of or over the age of 18 years and who is—

S. 3(1) def. of responsible person inserted by No. 12/2011 s. 3(1).

responsible person means a person responsible for the management or control of licensed premises;

S. 3(1) def. of retail premises inserted by No. 71/2011 s. 4(a), amended by No. 20/2018 s. 4(1)(d).

retail premises, in relation to a producer's licence under section 13, means premises occupied and used by the licensee for the supply of liquor that is the licensee's product for consumption off the premises;

S. 3(1) def. of retirement village inserted by No. 21/2014 s. 4(1).

retirement village has the same meaning as in the Retirement Villages Act 1986;

S. 3(1) def. of RSA certificate inserted by No. 20/2018 s. 21(2).

RSA certificate means a document that is a copy of the most recent certificate or report evidencing completion of an approved responsible service of alcohol program issued to—

S. 3(1) def. of Secretary inserted by No. 8/2009 s. 4(1), amended by No. 26/2022 s. 17(f).

Secretary means Secretary to the Department of Justice and Community Safety;

S. 3(1) def. of sexually explicit entertainment inserted by No. 57/2010 s. 4(4), amended by Nos 57/2010 s. 30, 7/2022 s. 71.

sexually explicit entertainment means live entertainment that may be performed for an audience, by a person or persons performing an act of an explicit sexual nature;

S. 3(1) def. of specified offence inserted by No. 73/2007 s. 4.

specified offence, in relation to a banning notice or an exclusion order, means an offence specified in Schedule 2;

S. 3(1) def. of spouse inserted by No. 92/2004 s. 9(1).

spouse of a person means a person to whom the person is married;

S. 3(1) def. of state of emergency inserted by No. 28/2022 s. 146(2).

state of emergency means a state of emergency declared under section 198 of the Public Health and Wellbeing Act 2008;

S. 3(1) def. of state of intoxication inserted by No. 8/2006 s. 4(2).

state of intoxication has the meaning given by section 3AB(1);

S. 3(1) def. of successful prosecution inserted by No. 71/2011 s. 4(a).

successful prosecution means a prosecution which results in a licensee or permittee being convicted or found guilty of an offence against section 108(4), 119 or 120;

S. 3(1) def. of supply amended by No. 88/2001 s. 4(b).

supply includes sell, offer or expose for sale, exchange, dispose of and give away;

S. 3(1) def. of TAFE institute inserted by No. 8/2009 s. 4(2).

TAFE institute has the same meaning as in the Education and Training Reform Act 2006;

tax officer has the same meaning as in the Taxation Administration Act 1997;

S. 3(1) def. of Tribunal repealed by No. 58/2011 s. 51(4).

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uncontested application means an application for the grant, variation, transfer or relocation of a licence or BYO permit in respect of which no objection is received under Division 5 of Part 2 within the period set out in that Division for that objection (or that period as extended under section 174);

S. 3(1) def. of university inserted by No. 8/2009 s. 4(2).

university has the same meaning as in the Education and Training Reform Act 2006;

S. 3(1) def. of vending machine inserted by No. 92/2004 s. 9(1), amended by No. 49/2021 s. 4(5).

vending machine means a machine or device that is designed to enable the purchase of items stored in the machine or device by the insertion of money, a token, a card or a similar object into the machine or device or by way of contactless card payment;

S. 3(1) def. of venue operator's licence substituted by No. 114/2003 s. 12.1.3 (Sch. 6 item 9.1), amended by No. 71/2011 s. 4(d).

venue operator's licence has the same meaning as in the Gambling Regulation Act 2003.

S. 3(1) def. of vigneron repealed by No. 71/2011 s. 4(e).

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S. 3(1) def. of voting power inserted by No. 39/2002 s. 4(2)(a), repealed by No. 39/2002 s. 16(a).

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S. 3(3) inserted by No. 12/2008 s. 73(1)(Sch. 1 item 37.2).

S. 3(4) inserted by No. 12/2011 s. 3(2).

S. 3A inserted by No. 39/2002 s. 5.