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The purpose of this Act is to reform the law relating to the supply and consumption of liquor.
This Part comes into operation on the day on which this Act receives the Royal Assent.
Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
If a provision referred to in subsection (2) does not come into operation before 1 July 1999, it comes into operation on that day.
For the purposes of this Act, the amenity of an area is the quality that the area has of being pleasant and agreeable.
Factors that may be taken into account in determining whether the grant, variation or relocation of a licence would detract from or be detrimental to the amenity of an area include—
S. 3A(2)(a)–(c) repealed by No. 20/2018 s. 29.
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the possibility of nuisance or vandalism;
the harmony and coherence of the environment;
any other prescribed matters.
Nothing in subsection (2) is intended to limit the definition of amenity.
S. 3AA inserted by No. 58/2011 s. 52.
For the purposes of this Act, evidence of any of the following factors, which may occur inside, or a place outside a licensed premises that is sufficiently proximate to, that premises, are taken to constitute evidence of detraction from, or detriment to, the amenity of the area in which the licensed premises is situated—
violent behaviour;
drunkenness;
vandalism;
using profane, indecent or obscene language;
using threatening, abusive or insulting language;
behaving in a riotous, indecent, offensive or insulting manner;
disorderly behaviour;
causing nuisance;
noise disturbance to occupiers of other premises;
obstructing a footpath, street or road;
littering.
S. 3AB inserted by No. 8/2006 s. 5.
For the purposes of this Act, a person is in a state of intoxication if his or her speech, balance, co‑ordination or behaviour is noticeably affected and there are reasonable grounds for believing that this is the result of the consumption of liquor.
S. 3AB(2) amended by Nos 72/2007 s. 62, 58/2011 s. 104(Sch. item 4.2).
The Commission must issue guidelines containing information about how to determine whether a person is in a state of intoxication for the purposes of this Act, the Casino Control Act 1991 or the Gambling Regulation Act 2003.
S. 3AC inserted by No. 73/2007 s. 12.
For the purposes of this Act, an associate of a person (the first person) is—
a person who—
holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in any business of the first person involving the sale of liquor; and
by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of that business; or
a person who is or will be a director, whether in right of the person or on behalf of any other person, of any business of the first person involving the sale of liquor; or
if the first person is a natural person, a person who is a relative of the first person, other than a relative—
who is not, and has never been, involved in any business of the first person involving the sale of liquor; or
who will not be involved in the business the first person proposes to conduct as a licensee or permittee.
In this section—
relative, in relation to a person, means—
the spouse or domestic partner of the person; or
a parent, son, daughter, brother or sister of the person; or
a parent, son, daughter, brother or sister of the spouse or domestic partner of the person;
relevant financial interest, in relation to a business involving the sale of liquor, means—
any share in the capital of the business; or
any entitlement to receive any income derived from the business; or
any entitlement to receive any payment as a result of money advanced;
relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—
to participate in any directorial, managerial, or executive decision; or
to elect or appoint any person as a director.
S. 3B inserted by No. 92/2004 s. 10.
For the purposes of this Act, if liquor is provided to a person who was not on licensed premises at the time the person ordered the liquor, the supply of the liquor to the person occurs at the place where the liquor provided was appropriated to the person's order.
Examples to s. 3B substituted by Nos 64/2014 s. 41, 28/2022 s. 147.
Examples
1 A customer requests the home delivery of a carton of beer by phone from the manager of premises licensed to supply liquor for consumption off the premises. The customer pays for the beer by providing credit card details over the phone. The manager selects the beer from the fridge and a staff member delivers the beer to the customer's house. In this scenario the beer is supplied to the customer at the fridge because that is where it was appropriated to the customer's request.
2 A customer requests a home delivery of a carton of beer from the licensee of a remote seller's packaged liquor licence. The licensee does not have a retail premises open to the public and the licensee's licensed premises is a warehouse where liquor is stored. The customer places and pays for the request online. A staff member of the licensee selects the beer from the licensee's warehouse and packs it into a box for delivery. In this scenario the beer is supplied to the customer at the warehouse because that is where it was appropriated to the customer's request.
S. 3C inserted by No. 49/2021 s. 5, repealed by No. 28/2022 s. 148.
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S. 4 amended by No. 59/2009 s. 5(3) (ILA s. 39B(1)).
The objects of this Act are—
S. 4(1)(a) amended by Nos 59/2009 s. 5(1), 49/2021 s. 6(1).
to contribute to minimising harm including by—
providing adequate controls over the supply and consumption of liquor; and
ensuring as far as practicable that the supply of liquor contributes to, and does not detract from, the amenity of community life; and
S. 4(1)(a)(iii) inserted by No. 88/2001 s. 5.
restricting the supply of certain other alcoholic products; and
S. 4(1)(a)(iv) amended by No. 59/2009 s. 5(2).
encouraging a culture of responsible consumption of alcohol and reducing risky drinking of alcohol and its impact on the community; and
to facilitate the development of a diversity of licensed facilities reflecting community expectations; and
S. 4(1)(c) amended by Nos 57/2010 s. 5(1), 71/2011 s. 5.
to contribute to the responsible development of the liquor, licensed hospitality and live music industries; and
S. 4(1)(d) inserted by No. 57/2010 s. 5(2).
to regulate licensed premises that provide sexually explicit entertainment.
S. 4(2) inserted by No. 59/2009 s. 5(3), amended by No. 49/2021 s. 6(2).
It is the intention of Parliament that every power, authority, discretion, jurisdiction and duty conferred or imposed by this Act must be exercised and performed with due regard to harm minimisation.
S. 5 amended by Nos 92/2004 s. 11(1)–(3), 108/2004 s. 117(1) (Sch. 3 item 115.1), repealed by No. 25/2024 s. 19.
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This Act does not apply—
to a person supplying spirituous or distilled perfume in good faith as perfumery; or
to liquor supplied or consumed as part of a religious service; or
S. 6(c) amended by No. 97/2005 s. 182(Sch. 4 item 33), substituted by No. 13/2010 s. 51(Sch. item 34).
to the supply or administration of liquor only as medicine or for medical purposes by or under the direction of—
a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); or
S. 6(c)(ii) amended by No. 70/2013 s. 3(Sch. 1 item 26.1).
a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student); or
to the supply or consumption of liquor at the Houses of Parliament by the permission and under the control of the Parliament; or
S. 6(e) amended by No. 58/2011 s. 104(Sch. item 4.3).
to an auctioneer selling liquor by auction with the approval of the Commission on account of—
a person—
who has failed to renew their licence; or
who has surrendered their licence; or
whose licence has been cancelled—
within the preceding 3 months; or
a person who intends to surrender their licence within 3 months after the sale; or
a person whose licence will expire within 3 months after the sale and who does not intend to renew the licence; or
to the official receiver or trustee in bankruptcy of a bankrupt estate selling liquor that is the property of that estate for the purposes of winding up that estate; or
to an executor or administrator of the estate of a deceased person selling liquor that is the property of that estate for the purposes of winding up that estate; or
to an insurer selling liquor to which the insurer has acquired title by virtue of a settlement of a claim made in good faith under a policy of insurance but not by purchase; or
to a person not carrying on a business of supplying liquor who supplies liquor to a licensee; or
S. 6(j) substituted by No. 8/2006 s. 6, amended by No. 58/2011 s. 104(Sch. item 4.4(a)).
to any of the following persons or entities selling by auction any liquor taken in execution or under any warrant of distress or forfeited—
the Assistant Director, Asset Confiscation Operations in the Enforcement Management Division of the Department of Justice;
the sheriff or a person authorised by the sheriff;
a bailiff;
S. 6(j)(iv) amended by Nos 8/2009 s. 5(a), 37/2014 s. 10(Sch. item 96.2).
a police officer;
S. 6(j)(v) inserted by No. 8/2009 s. 5(b), amended by No. 58/2011 s. 104(Sch. item 4.4(b)).
the Commission;
S. 6(j)(vi) inserted by No. 8/2009 s. 5(b), amended by Nos 58/2011 s. 104(Sch. item 4.4(c)), 26/2022 s. 23(1).
a liquor inspector; or
to the granting of allowances of liquor to the crew of a vessel.
S. 6A inserted by No. 57/2010 s. 6.
A person who carries on a bed and breakfast business is exempt from any requirement of this Act to hold a licence in relation to the supply of liquor to a person staying at the bed and breakfast business if the following conditions are complied with—
S. 6A(1)(a) repealed by No. 21/2014 s. 5(1).
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the liquor is not supplied to a minor; and
the proprietor of the business or the business purchased the liquor on a retail basis; and
S. 6A(1)(d) amended by No. 58/2011 s. 104(Sch. item 4.5), substituted by No. 21/2014 s. 5(2).
not more than 750ml of liquor is supplied in any one day per room that is occupied for the purposes of temporary accommodation.
S. 6A(2)(3) amended by No. 58/2011 s. 104(Sch. item 4.5), repealed by No. 21/2014 s. 5(3).
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Notes to s. 6A substituted as note by No. 21/2014 s. 5(4).
Note
It is an offence under section 107 for a person who is not a licensee to sell or offer liquor for sale.
S. 6B inserted by No. 57/2010 s. 6.
A person who carries on a florist or giftmaker business is exempt from any requirement of this Act to hold a licence in relation to the supply of liquor by that business if the following conditions are met—
the business only supplies liquor that is packaged together with flowers, food or other gifts; and
the liquor is not supplied to a minor; and
the business does not accept orders to supply liquor from a minor; and
the proprietor of the business or the business purchased the liquor on a retail basis; and
not more than 1·5 litres of liquor is supplied to each recipient in any one day; and
the value of the liquor and its container is not more than 50 per cent of the total sale price of the supplied items.
S. 6B(2)(3) amended by No. 58/2011 s. 104(Sch. item 4.6), repealed by No. 21/2014 s. 6(1).
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Notes to s. 6B substituted as note by No. 21/2014 s. 6(2).
Note
It is an offence under section 107 for a person who is not a licensee to sell or offer liquor for sale.
S. 6C inserted by No. 57/2010 s. 6.
A person who carries on a hairdresser business is exempt from any requirement of this Act to hold a licence in relation to the supply of liquor to a customer by that business if the following conditions are met—
the liquor is not supplied to a minor; and
the liquor is consumed on the business premises; and
the liquor is supplied without charge and the supply is ancillary to the provision of hairdressing or barber services.
S. 6C(2)(3) amended by No. 58/2011 s. 104(Sch. item 4.7), repealed by No. 21/2014 s. 7(1).
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Notes to s. 6C substituted as note by No. 21/2014 s. 7(2).
Note
It is an offence under section 107 for a person who is not a licensee to sell or offer liquor for sale.
S. 6D inserted by No. 57/2010 s. 6.