Terms used

In force

(1)

In this Act, unless the contrary intention appears —

advertised application has the meaning given in section 68(3);

approved form means a form approved under section 12;

approved restricted manager means a person approved under section 102B(1)(b);

approved unrestricted manager means a person approved under section 102B(1)(a);

authorised officer means —

(a)

the Director; or

(b)

an inspector; or

(c)

a police officer; or

(d)

a designated authorised officer;

authorised person, in relation to licensed or regulated premises, means —

(a)

the licensee or occupier of the premises; or

(b)

a manager of the premises; or

(c)

an employee or agent of the licensee or occupier or a manager; or

(d)

a police officer;

banned drinker has the meaning given in section 152YA;

banned drinker area means an area prescribed under section 175(1G);

banned drinker order has the meaning given in section 152YB;

banned drinkers register has the meaning given in section 152Y;

barring notice has the meaning given in section 115AA(2);

beer means liquor of the type known as beer, ale, lager, porter, or stout or any other type of liquor produced by brewing;

business continuity order means an order made under section 87 or 89;

casino, casino complex, casino complex agreement, and casino gaming licence have the same respective meanings as in the Casino Control Act 1984;

casino liquor licence means a licence granted under section 44;

cellar door permit has the meaning given in section 61A(1);

Chief Health Officer has the meaning given in the Public Health Act 2016 section 4(1);

club licence means a licence granted under section 48, which may be granted without restriction or as a club restricted licence;

club restricted licence means a club licence of the kind referred to in section 48(1);

Commissioner of Police means the Commissioner of Police appointed under the Police Act 1892 or a police officer authorised to act on behalf of the Commissioner of Police under subsection (6);

condition includes —

(a)

a limitation, restriction or prohibition; and

(b)

in relation to a licence, any provision of that licence affecting the authorisation conferred,

whether or not it purports to be expressed by way of a condition;

confidential police information means any information or document classified by the Commissioner of Police as confidential under section 17;

consume, in relation to liquor, includes inhale and absorb;

crowd control agent has the same meaning as it has in the Security and Related Activities (Control) Act 1996 section 34;

crowd controller’s licence means a licence issued for the purposes of the Security and Related Activities (Control) Act 1996 section 37;

decision includes an order, direction or determination;

Department means the department of the Public Service principally assisting in the administration of this Act;

Department’s website means a website maintained by or on behalf of the Department;

designated authorised officer means a person —

(a)

to whom the Director delegates a function of an authorised officer under section 7; or

(b)

who is authorised to perform a function of an authorised officer on behalf of the Director under an agreement under section 8;

dining area means —

(a)

a separate room or defined area; or

(b)

a clearly distinct part of a separate room or defined area,

used solely or primarily for the supply of meals;

director, in relation to a body corporate, includes —

(a)

a member of the board or committee of management of the body corporate; and

(b)

a person occupying or acting in a position to which paragraph (a) refers, by whatever name the position is called and whether or not validly appointed to occupy or duly authorised to act in the position; and

(c)

any person in accordance with whose directions or instructions directors of the body corporate are accustomed to act;

Director or Director of Liquor Licensing means the chief executive officer of the Department;

disqualified means —

(a)

in relation to an applicant for a licence — a person to whom section 34(2) applies; and

(b)

in relation to the occupier of a position of authority in a body corporate that holds or seeks a licence — a person to whom section 34(2) or an order made under section 96(1)(g) applies;

drunk has the meaning given in section 3A(1);

extended trading permit means a permit issued under section 60;

function means a gathering, occasion or event (including a sporting contest, show, exhibition, trade or other fair, or reception) at which it is proposed that liquor be sold or supplied to those present;

Gaming and Wagering Commission means the Gaming and Wagering Commission established under the Gaming and Wagering Commission Act 1987;

general submission has the meaning given in section 76G;

gross turnover, in relation to a licence, means the gross proceeds derived by the licensee from the sale of liquor under the licence;

guest, in relation to licensed premises under a club licence, means a person who not being a member of the club is introduced to the club by a member in accordance with the rules of the club;

hotel licence means a licence granted under section 41, which may be granted without restriction, as a hotel restricted licence, as a tavern licence or tavern restricted licence;

hotel restricted licence means a hotel licence of the kind referred to in section 41(1)(b);

inspector means a person designated as an inspector under section 9;

interested person, in relation to an application, means a person likely to be interested in the application, in the opinion of the Director;

juvenile means a person under the age of 18 years;

kind, in relation to liquor, means one of the following kinds —

(a)

wine made from grapes; or

(b)

wine not made from grapes; or

(c)

spirits; or

(d)

beer; or

(e)

any other kind prescribed;

lease includes any tenancy or letting of, or licence to occupy, premises, in writing or otherwise and, if in writing, whether by deed or otherwise, and lessee and lessor shall be construed accordingly;

licence means a licence granted under this Act;

licence fee means the fee payable for a licence in respect of a licence period or the fee payable in respect of a permit;

licence period, in relation to a licence, means each calendar year during which, or during any part of which, the licence is in force;

licensed premises means the premises specified or defined by the Director in relation to a licence, business continuity order or permit as the building or place to which that licence, order or permit relates;

licensee means a person who holds a licence or permit under this Act, includes a person who is authorised under section 86 or 87 to carry on business under a licence or as if that person were a licensee, and may in accordance with section 101 include a reference to a person appointed or permitted to conduct, supervise or manage the business;

liquor means —

(a)

a substance intended for human consumption which at 20° Celsius contains more than 1.15% ethanol by volume, or such other proportion as is prescribed; and

(b)

any other substance prescribed as being liquor for the purposes of this Act; and

(c)

any thing that, for the purposes of sale, is held out to be such a substance;

liquor merchant means a person who is —

(a)

licensed under this Act, otherwise than by an occasional licence only; or

(b)

authorised under the law of another State, or of a Territory,

to sell liquor;

liquor store licence means a licence granted under section 47;

lodger means a person residing, whether casually or permanently, on the premises;

manager, in relation to licensed premises, means —

(a)

an approved unrestricted manager or approved restricted manager appointed by the licensee of the premises to supervise and manage the premises; or

(b)

a person appointed in accordance with section 100(3) to act as a temporary manager of the premises;

meal means food —

(a)

that is eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food; and

(b)

that is of sufficient substance as to be ordinarily accepted as a meal; and

(c)

that may consist of one or more courses,

but does not include any food prescribed not to be a meal;

member, in relation to a club, includes a person who is a member of the club by reason of a reciprocal arrangement with another club made in accordance with the rules of the club;

metropolitan area means —

(a)

the region described in the Planning and Development Act 2005 Schedule 3; and

(b)

such other area as may be prescribed;

nightclub licence means a licence granted under section 42;

objection has the meaning given in section 73;

occasional licence means a licence granted under section 59;

official has the meaning given in section 76A;

official submission has the meaning given in section 76;

owner, in relation to licensed premises or regulated premises, means a person —

(a)

entitled to the rents or profits of the premises; or

(b)

who would be so entitled if the premises were let at a rent; or

(c)

who is a mesne lessor of the premises; or

(d)

who is attorney or agent for such a person and is capable of giving a valid receipt for the rent, when such a person is absent from the State,

and includes, where the premises are the subject of a contract for sale or assignment, both vendor and purchaser;

packaged liquor means liquor delivered to or on behalf of the purchaser in sealed containers for consumption off the licensed premises;

permit means an extended trading permit issued under section 60;

permitted hours, in relation to licensed premises, means the hours during which the licensee is, under Part 4 Division 1 or the terms and conditions of the licence, authorised to sell liquor;

premises includes —

(a)

land; or

(b)

a vehicle; or

(c)

a part of premises,

and in relation to an application to which section 62 applies includes premises proposed to be erected and premises as proposed to be altered;

prescribed means prescribed in regulations under section 175;

producer’s licence means a licence granted under section 55;

proprietary company has the same meaning as it has in the Corporations Act 2001 of the Commonwealth;

protected entertainment precinct means an area prescribed under section 175(1E);

public authority means any of the following —

(a)

a Minister of the State;

(b)

an agency or an organisation as those terms are defined in the Public Sector Management Act 1994 section 3(1);

(c)

a body, whether incorporated or not, or the holder of an office, post or position, that is established or continued for a public purpose under a written law;

reception includes a convention, conference, seminar or similar function at which people gather in substantial numbers for a particular purpose (but of which the consumption of liquor is not a predominant purpose);

reception area means a part of any premises on which liquor is supplied for consumption ancillary to a meal but not necessarily during the meal;

record means —

(a)

any book, account, document, paper or other source of information compiled, recorded or stored in written form or on microfilm, or by electronic or other means or process; and

(b)

the contents (in an intelligible form) of records that are kept by computer or are otherwise kept not in a readily intelligible form; and

(c)

any other sources of information prescribed for the purposes of this definition;

regulated premises means premises to which section 122 applies;

related body corporate has the same meaning as it has in the Corporations Act 2001 of the Commonwealth;

relative, in relation to a licensee, includes a de facto partner of the licensee;

removal, in relation to a licence, has the meaning given in section 31(1)(b);

responsible person, in relation to licensed premises, means —

(a)

the licensee or occupier of the premises; or

(b)

a manager of the premises; or

(c)

an employee or agent of the licensee or occupier or a manager;

restaurant means premises on which meals are, or upon the grant of a licence in relation to the premises are proposed to be, regularly prepared for sale, or supplied, and are eaten;

restaurant licence means a licence granted under section 50;

sample, in relation to a type of liquor, means the prescribed quantity of that type of liquor;

Secretary, in relation to a club, means the principal executive officer of the club, for the time being, by whatever name called and whether or not that person is a member of the club;

sell, in relation to liquor, includes —

(a)

agree or attempt to sell; or

(b)

offer or expose for the purpose of selling; or

(c)

send, forward or deliver for sale or on sale; or

(d)

barter or exchange; or

(e)

dispose, by lot or chance or by auction; or

(f)

supply, or offer, agree or attempt to supply —

(i)

in circumstances in which the supplier derives, or would be likely to derive, a direct or indirect pecuniary benefit; or

(ii)

gratuitously, but with a view to gaining or maintaining custom or other commercial advantage;

(g)

authorise, direct, cause or permit to be done any act referred to in this definition,

and includes, in relation to a club, supply to or to the order of members otherwise than by way of sale, but does not in relation to any class of licence include the provision of a free sample authorised by this Act;

ship includes a boat or vessel;

small bar licence means a licence granted under section 41A;

special facility licence means a licence granted under section 46;

spirits means potable spirit which at 20° Celsius contains more than 20.06% ethanol by volume;

submission deadline, for an advertised application, has the meaning given in section 68(4);

substance, in the definition of liquor, includes a vapour;

tavern licence means a hotel licence of the kind referred to in section 41(1)(a);

tavern restricted licence means a hotel licence of the kind referred to in section 41(1)(c);

this Act includes subsidiary legislation made under it;

townsite means a townsite under the Land Administration Act 1997;

Tribunal means the State Administrative Tribunal;

trustee means a person appointed under section 35A;

vehicle includes a ship, train or aircraft and any other conveyance used for the carriage of persons;

wholesaler’s licence means a licence granted under section 58;

wine includes —

(a)

liquor of the type known as mead, cider, cyser, or perry; or

(b)

liquor obtained from the alcoholic fermentation of grapes or the must of grapes; or

(c)

liquor obtained from the alcoholic fermentation of other fruit, vegetables, berries or honey; or

(d)

liquor prescribed as wine,

but does not include liquor which at 20° Celsius contains more than 20.06% ethanol by volume.

(2)

For the purposes of this Act, liquor shall not be regarded as having been provided by way of free sample if a charge is made —

(a)

for admission to the premises on which the liquor is supplied; or

(b)

for the hire of glasses or containers or any device or the use of any facility on the premises; or

(c)

for entertainment or refreshments provided on those premises in circumstances in which the provision of entertainment or refreshments is related to the provision of liquor by way of sample, one being incidental or ancillary to the other.

(3)

Where a provision of this Act operates by reference to a prescribed minimum quantity of liquor, that provision is taken to allow for a tolerance not exceeding 2% of the quantity so prescribed.

(4)

For the purposes of this Act, a person occupies a position of authority in a body corporate if that person —

(a)

is a director of the body corporate; or

(b)

exercises or exerts, or is in a position to exercise or exert, control or substantial influence over the body corporate in the conduct of its affairs; or

(c)

manages, or is to manage, the business of the body corporate to be conducted under a licence; or

(d)

occupies a position, in relation to the body corporate, prescribed to be a position of authority,

or, where the body corporate is a proprietary company, if that person is a shareholder in that proprietary company.

(5)

A requirement under this Act to provide or produce a record is, where the record is not written or not written in the English language, a requirement to provide or produce a statement, written in the English language, setting forth such of the particulars in the record as are not written or are not written in the English language.

(6)

A reference in a provision of this Act to the Commissioner of Police shall include a police officer authorised in writing by the Commissioner of Police to act on his or her behalf for the purposes of this Act, or for the purposes of the particular provision.

(7)

In the definitions of authorised person and responsible person in subsection (1) —

employee includes —

(a)

a person engaged under a contract for services by the licensee or occupier or a manager of licensed or regulated premises; and

(b)

a person holding a crowd controller’s licence who is employed by a crowd control agent engaged under a contract for services by the licensee or occupier or a manager of licensed premises to supply the services of crowd controllers at those premises.

[Section 3 amended: No. 56 of 1997 s. 26(1), (2) and (3); No. 12 of 1998 s. 5 and 70(5); No. 23 of 2000 s. 4; No. 27 of 2000 s. 9; No. 10 of 2001 s. 220; No. 28 of 2003 s. 105; No. 35 of 2003 s. 173(2); No. 73 of 2006 s. 6 and 106; No. 21 of 2008 s. 675(2); No. 56 of 2010 s. 4, 25, 27 and 35; No. 47 of 2011 s. 27; No. 35 of 2015 s. 4; No. 19 of 2016 s. 162; No. 9 of 2018 s. 4; No. 9 of 2022 s. 424; No. 44 of 2022 s. 5; No. 25 of 2023 s. 4 and 21(1); No. 20 of 2025 s. 4, 7, 48, 63, 69 and 124.]

Regulations

This provision refers to the regulations (prescribed in regulations). Made under this Act:

28 more instruments made under this Act are listed on the Act’s overview.

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.

3 Terms used