Section 1 — Short title — Liquor Control Act 1988 (Western Australia) — Barrister AI

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Section 1 — Short title — Liquor Control Act 1988 (Western Australia) — Barrister AI

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s 1Short title s 2Commencement s 3Terms used s 3ATerm used: drunk s 4Storing and receiving liquor for licensed premises at other premises; records to be kept s 5Objects of Act s 6Act not to apply in certain cases s 7Delegation s 8Agreements for performance of functions s 9Inspectors and designated authorised officers s 10Obtaining information by notice in writing to determine applications and matters s 11Hearings not required to determine applications and matters s 12Approved forms s 13Waiver or modification of procedural requirements s 14Enforcing monetary penalties s 15Director to be informed of convictions s 16Protection from liability s 17Confidential police information s 18Maintaining confidentiality of police information in relation to applications and complaints s 19Decisions based on confidential police information s 30ALicences to sell liquor: grant and nature s 30BPower of attorney does not empower donee to act for licensee under this Act s 31Licences, generally s 32Duration of licences s 33Director’s powers when deciding applications s 34Refusal of certain applications s 35Persons who may hold licences s 35ATrustees for unincorporated bodies s 36Two or more licences for same premises, restrictions on s 36AApplications to be refused: sale of packaged liquor from metropolitan petrol stations s 36BRestrictions on grant or removal of certain licences authorising sale of packaged liquor s 37Licences and permits: requirements and conditions s 37ADuty to inform Director of conviction s 37BFingerprints and palm prints may be required s 37CRegister of licensed premises s 38Certain applications to be refused unless in the public interest s 39Certificate of local government as to whether premises comply with laws s 40Certificate of planning authority as to whether use of premises complies with planning laws s 41Hotel licence: kinds, effect and conditions s 41AEffect and conditions of small bar licence s 41BSmall bar licence may be granted as alternative to tavern restricted licence s 42Nightclub licence: effect and conditions s 43Nightclub licence: requirements s 44Casino liquor licence: effect and conditions s 45Casino liquor licence: requirements s 46Special facility licence: requirements s 46ASpecial facility licence: restrictions on variation s 46BAlternatives to granting or varying special facility licences s 47Liquor store licence, effect of s 48Club licence, kinds, conditions and effect of s 49Club licence: requirements s 50Restaurant licence: effect and conditions s 50AIssue of extended trading permit under s. 60(4)(ca) for certain restaurant licences at time of grant s 51Unlicensed restaurants: offences s 52Extended trading permit authorising liquor ancillary to meals s 53Restaurant licence and extended trading permit: conditions restricting sale of liquor ancillary to meals s 55Producer’s licence: effect s 56Presumption of production of liquor s 57Producer’s licence: requirements s 58Wholesaler’s licence: effect and conditions s 59Occasional licence: effect, conditions and requirements s 59AAdditional authorisations relating to supply and sale of liquor on licensed premises s 60Extended trading permits: purposes, effect and conditions s 61Extended trading permit for extended area: requirements s 61AExtended trading permit for sale of liquor (s. 60(4)(ia))s 62Conditional grants or removal of licences: uncompleted premises s 62AConditional grants or removal of licenses: pending local government or planning authority certificates s 62BConditional approval: satisfaction of matters under s. 77(5)s 63Limit on power to vary or cancel certain terms and conditions s 64Imposing, varying and cancelling conditions s 65Conditions relating to sale and delivery of packaged liquor or liquor for consumption off licensed premises s 65APetrol station not to be established on premises from which packaged liquor is sold s 65BRegulations prescribing conditions about promoting liquor s 65CTerm used: application s 65DApplication requirements s 65ELicence applications to be made by proposed licensee s 66Plans and specifications of premises: requirements s 67Applications for occasional licences and extended trading permits s 68Advertisement of applications s 69Submissions s 70Director may provide information to officials to enable objections and official submissions s 71Submissions to be in approved form s 72Dealing with submissions s 73What are objections s 74Who may make objections s 75Requirements for objections s 76What are official submissions s 76AWho is an official s 76BPolice submissions s 76CLocal government submissions s 76DTourism submissions s 76EHealth submissions s 76FSubmissions about club licence applications s 76GWhat are general submissions s 76HWho may make general submissions s 76IDealing with general submissions s 76JConsent to alteration or redefinition of licensed premises s 77No alteration of licensed premises without approval; application for approvals of alterations or redefinition of premises s 77ARestrictions on alteration or redefinition of certain packaged liquor premises s 78Casino liquor licence not removable without authority s 79Licence relating to transport, when removable s 80Temporary removal or redefinition of licence s 81Applications for removal of licence s 82Applications for transfer of licences s 82ATransfer of licence between licence holders s 83Certain licences not transferable s 84Pre-requisites for transfer of licence s 85Transferee to succeed to certain of transferor’s liabilities and rights s 86Interim authorisations to carry on business under licence s 87Grant and term of business continuity orders s 88Effect of business continuity orders s 89Disputes about terms of leases s 91Suspension of licence or permit in the public interest s 92ACancellation of suspension s 93Cancellation of suspended licences s 94Surrendering licences s 95Grounds and procedure for disciplinary action against licensees s 96Powers to take disciplinary action s 97Permitted hours generally s 98Hotel licence: permitted hours s 98AASmall bar licence: permitted hours s 98ANightclub licence: permitted hours s 98BCasino liquor licence: permitted hours s 98CSpecial facility licence: permitted hours s 98DLiquor store licence: permitted hours s 98EClub licence and club restricted licence: permitted hours s 98FRestaurant licence: permitted hours s 98GProducer’s licence: permitted hours s 98HWholesaler’s licence: permitted hours s 99Requirement to maintain licensed premises s 100Licensee’s duties s 101Liability of managers and others s 102ATerms used s 102BApplications for and granting approvals s 102CConditions on manager’s approval s 102DDuration of manager’s approval s 102ERenewal of manager’s approval s 102FDisciplinary action against approved managers s 102GApproval may be cancelled on request s 102Unapproved management or control of incorporated licensee s 103Owners of licensed premises to notify Director of certain matters s 103AARegister of responsible practices’ training s 103ARegulations about training people in responsible practices s 104Sharing profits or proceeds prohibited without approval s 105Persons taken to be lodgers of licensed premises s 106Conditions applying to liquor supplied to lodgers s 109Sale of liquor: offences s 109AOffence to carry liquor in excess of prescribed quantity in prescribed area of State s 110Licensed premises and sports arenas: offences s 111Trading outside permitted hours: offences s 112Exceptions to s. 109, 110 and 111 s 113Offence under s. 109, 110 or 111, finding as to unlawful dealing in liquor; forfeiture of liquor s 113AInformation required on licensees’ websites s 114Closure of licensed premises by police s 115Drunk, disruptive and other persons s 115AACommissioner of Police may bar people from licensed premises s 115ABDelegation by Commissioner of Police s 115ACPublication and disclosure of details of people barred under barring notices s 115ACABarring notice must be registered in banned drinkers register s 115AEPermitting entry to premises contrary to barring notice s 115ADrinking water to be provided free at certain licensed premises s 116Requirements to keep, display and produce documents at licensed premises s 116ARegister of incidents at licensed premises to be maintained s 117Complaints about noise or behaviour related to licensed premises s 118Persons purporting to be licensee s 119Unlicensed premises: offences s 119AApproval required to conduct non‑liquor business on or from licensed premises s 120When juveniles permitted on licensed premises s 121Juveniles on licensed premises: offences s 122ASupplying juveniles with alcohol on unlicensed premises s 122Juveniles on regulated premises: offences s 123Possession or consumption of liquor by juveniles: offences s 124Sending juvenile to obtain liquor: offence s 125Defences to offences under this Division s 126Suspected juveniles: evidence of age and removal from premises s 126AEntertainment for juveniles on licensed premises, application for approval of s 126BEntertainment for juveniles on licensed premises, approval of s 126CCrowd controllers to be authorised when removing persons from licensed premises s 126DUndesirable liquor products: declaration and offence s 126ESpecial events, operation of Act may be modified for s 127Payment of licence fees s 128Regulations about licence fees s 143Order for payment of money s 145Requirement to keep records of liquor transactions s 146Information to be given to Director in returns s 147Declaration and determination of financial advantage from contravention s 148Director’s power to obtain information s 149Use of information, Director’s powers as to s 150Director’s right of access to premises and records s 151Director may assist other authorities s 152Confidentiality of information s 152ATerms used s 152BCommissioner of Police may apply for prohibition orders s 152CEvidence in support of s. 152B application s 152DNotice of s. 152B application etc. to be given to relevant person s 152EDirector may make prohibition orders s 152FTerm of prohibition orders s 152GApplications to vary or revoke prohibition orders s 152HEvidence in support of s. 152G application s 152INotice of s. 152G application etc. to be given to respondent s 152JDirector may vary or revoke prohibition orders s 152KService, publication and disclosure of prohibition orders s 152KAProhibition order must be registered in banned drinkers register s 152LFailing to comply with prohibition orders s 152MPermitting entry to premises contrary to prohibition order s 152NARelationship with Criminal Organisations Control Act 2012 s 152NBObject of Part s 152NCTerms used s 152NDPolice officer may make short‑term exclusion order s 152NEProvisions in relation to short‑term exclusion orders s 152NFVariation or revocation of short‑term exclusion order s 152NGAutomatic revocation of short‑term exclusion order if extended exclusion order comes into effect s 152NICommissioner of Police to issue guidelines s 152NJCommissioner of Police may apply for extended exclusion order s 152NKEvidence in support of application for extended exclusion order s 152NLNotice of application for extended exclusion order must be served on subject person s 152NMDirector may make extended exclusion order s 152NNProvisions in relation to extended exclusion orders s 152NOApplication for variation or revocation of extended exclusion order s 152NPEvidence in support of application for variation or revocation s 152NQNotice of application for variation or revocation must be given to extended exclusion order respondent s 152NRDirector may vary or revoke extended exclusion order on application s 152NSDirector may vary or revoke extended exclusion order on own initiative s 152NTEffect of variation or revocation s 152NUEffect of changes to protected entertainment precincts on exclusion orders s 152NVExclusion order applies at all times unless varied s 152NWForm of exclusion order s 152NXExclusion order must be served and explained s 152NYDuration of exclusion order s 152NZTerm of extended exclusion order extended by period in custody s 152NZACorrecting mistakes in exclusion order s 152NZCPublication and disclosure of information about exclusion orders s 152NZDOffence of further disclosing information about exclusion orders s 152NZERelationship with Criminal Organisations Control Act 2012 s 152NZFOrders not affected by other orders under Act s 152NZGDelegation by Commissioner of Police s 152NZIOffence of failing to comply with exclusion order s 152NZJExcluded offender must not enter or remain in protected entertainment precinct s 152NZKDefences for s. 152NZI and 152NZJ s 152NZLPermitting person subject to exclusion order or excluded offender to enter premises s 152NZMPolice officer may require person to give personal details in certain circumstances s 152NZNNotice must be given to excluded offender s 152NZOProtected entertainment precincts must be advertised and notified s 152NZPTerms used s 152NZQService of exclusion orders and other documents s 152NZRTime when document served s 152NZSProof of service of document s 152NZTPublication and disclosure of information about excluded offenders s 152NZUOffence of further disclosing information about excluded offenders s 152NZVMonitoring by Parliamentary Commissioner s 152NTerms used s 152OLiquor on restricted premises: offence s 152PDeclaration of liquor restricted premises s 152QLiquor restriction declarations, power to make s 152RService etc. of liquor restriction declarations s 152SNotice of liquor restriction declaration to be displayed at premises s 152TDuration of liquor restriction declarations s 152UVarying liquor restriction declarations s 152VRevoking liquor restriction declarations s 152WApplications generally s 152YTerms used s 152YAWho is a banned drinker s 152YBWhat is a banned drinker order s 152YCWhen banned drinker order, or extension or revocation of banned drinker order, takes effect s 152YDFirst police BDO, second police BDO and subsequent police BDO s 152YEPolice officer may make banned drinker order s 152YFPolice officer may make second police BDO or subsequent police BDO s 152YGPeriod of banned drinker order s 152YHNotice and registration of banned drinker order s 152YIPolice officer may require person to give personal details s 152YJRevocation of banned drinker order s 152YLPerson may ask for self‑imposed banned drinker order s 152YMDirector must make self‑imposed banned drinker order s 152YNPeriod of self‑imposed banned drinker order s 152YONotice of decision and registration of self‑imposed banned drinker order s 152YPRevocation of self‑imposed banned drinker order s 152YQApplication for banned drinker order s 152YRDirector may make banned drinker order s 152YSPeriod of banned drinker order s 152YTCopy and registration of banned drinker order s 152YUDirector may extend banned drinker order s 152YVPolice officer may extend banned drinker order s 152YWRevocation of banned drinker order s 152ZWhen packaged liquor is sold, or authorised by licence to be sold, in banned drinker area s 152ZAOffence of knowingly selling packaged liquor to banned drinker s 152ZBOffence of supplying packaged liquor to banned drinker s 152ZCDisclosure of information about banned drinker order or banned drinker s 152ZDRestriction on use or disclosure of information s 152ZEProtection for disclosure in good faith s 152ZFCondition relating to sale of packaged liquor in banned drinker areas s 152ZGBanned drinker order or written notice may be given electronically s 152ZHDirector must keep banned drinkers register s 152ZIDirector must establish ID system s 152ZJOffence to use or disclose information obtained from banned drinkers register or using ID system s 152ZKDelegation by Commissioner of Police s 153Examination and reporting by authorised officers s 154Powers of authorised officers s 155Police powers s 156Functions of local governments s 157Evasion of licence fees or other money: offence s 158Failure to comply with Director’s requirements: offence s 159False or misleading statements or records: offence s 160Power to obtain information s 161Search warrants s 162Separate offences and continuing offences s 163Presumption of sale of liquor s 164Offences by bodies corporate and partnerships s 164ALiability of officers for offence by body corporate s 165Licensees liable for acts of employees and agents s 166General penalty s 167Infringement notices s 168Institution of prosecutions s 169Prosecutions, hearing of and limitation periods for s 170Evidentiary provisions as to proof of certain facts s 171Accomplices and evidence s 172Proof of certain matters s 172AForfeiture of liquor etc. on conviction or payment of modified penalty s 172NTerm used: relevant person s 172OReview of decisions s 172PTime limit for review applications s 172QParties to review proceedings s 172RConstitution of Tribunal s 172STribunal not to consider new material when reviewing Director’s decisions s 173Pending review etc. not to affect liability s 174Service of documents s 174ACriminal and Found Property Disposal Act 2006, application of s 174BLiquor accords: authorisation for purposes of Competition and Consumer Act 2010 and Competition Code s 175Regulations s 177Transitional provisions s 178Review of Act Schedule 1 — Transitional provisions Schedule 1A — Transitional provisions relating to the Liquor and Gaming Legislation Amendment Act 2006 Schedule 1B — Transitional provisions relating to the Liquor Control Amendment Act 2010 Schedule 1C — Transitional provisions relating to the Liquor Control Amendment Act 2018 Schedule 1D — Transitional provisions relating to the Liquor Control Amendment (Protected Entertainment Precincts) Act 2022 Schedule 1E — Transitional provisions relating to Liquor Control Amendment (Banned Drinkers Register) Act 2023 Schedule 1F — Transitional provisions relating to Liquor Control Amendment Act 2025 Schedule 2 — Unincorporated clubs Schedule 3 — Reviewable decisions

Section Whole Act

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1

Short title

Current

1 Short title

This Act may be cited as the Liquor Control Act 1988.

[Section 1 amended: No. 73 of 2006 s. 5.]

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