Liquor Control Amendment Act 2025
Liquor Control Amendment Act 2025
Western Australia
Liquor Control Amendment Act 2025
Contents
Part 1 — Preliminary
1.Short title2
2.Commencement2
Part 2 — Miscellaneous amendments to Liquor Control Act 1988
Division 1 — Preliminary
3.Act amended3
Division 2 — Business continuity
4.Section 3 amended3
5.Section 86 amended3
6.Section 87 amended4
7.Various references to “protection order” amended4
Division 3 — Licences and permits
8.Section 37A replaced5
37A.Duty to inform Director of conviction5
9.Section 41A amended5
10.Section 41B amended6
11.Section 44 amended6
12.Section 56 amended6
13.Section 60 amended7
14.Section 82A amended9
Division 4 — Miscellaneous
15.Section 103 amended9
16.Section 107 deleted9
17.Section 108 deleted9
18.Section 126 amended9
19.Section 152YH amended11
20.Section 152YK amended11
21.Section 152YP amended11
22.Section 152ZC amended12
23.Section 152ZI amended12
24.Section 154 amended12
25.Section 171 amended13
26.Section 175 amended14
Division 5 — Penalties
27.Section 96 amended14
28.Section 106 amended14
29.Section 110 amended15
30.Section 111 amended16
31.Section 114 amended16
32.Section 115 amended17
33.Section 115A amended18
34.Section 119A amended18
35.Section 121 amended19
36.Section 122 amended20
37.Section 126D amended21
38.Section 166 amended21
39.Section 175 amended21
40.Various penalties amended22
Division 6 — Permitted hours
41.Section 98 amended25
42.Section 98AA amended25
43.Section 98A amended26
44.Section 98B replaced26
98B.Casino liquor licence: permitted hours26
45.Section 98E amended26
46.Section 98F amended27
47.Section 98G replaced27
98G.Producer’s licence: permitted hours27
Division 7 — Subsidies
48.Section 3 amended28
49.Section 14 amended28
50.Section 25 amended28
51.Section 64 amended28
52.Part 5 Division 2 deleted29
53.Section 143 amended29
54.Section 145 amended29
55.Section 146 amended29
56.Section 148 amended29
57.Section 150 amended30
58.Section 154 amended30
59.Section 161 amended30
60.Section 172 amended30
Division 8 — Transitional provisions
61.Schedule 1E amended31
62.Schedule 1F inserted31
Schedule 1F — Transitional provisions relating to Liquor Control Amendment Act 2025
1.Terms used31
2.New licence provisions apply to existing licences31
3.New permit provisions apply to existing permits32
4.Protection orders are business continuity orders32
5.New permitted hours apply to existing licences32
Division 9 — Various amendments
63.Section 3 amended33
64.Section 102F amended33
65.Section 156 amended34
66.Sections 177 to 177E replaced34
177.Transitional provisions34
67.Various amendments34
Part 3 — Amendments to Liquor Control Act 1988: licensing, regulatory and review functions
68.Act amended54
69.Section 3 amended54
70.Part 2 replaced56
Part 2 — Administration
7.Delegation56
8.Agreements for performance of functions56
9.Inspectors and designated authorised officers57
10.Obtaining information by notice in writing to determine applications and matters58
11.Hearings not required to determine applications and matters59
12.Approved forms60
13.Waiver or modification of procedural requirements60
14.Enforcing monetary penalties60
15.Director to be informed of convictions60
16.Protection from liability60
17.Confidential police information61
18.Maintaining confidentiality of police information in relation to applications and complaints62
19.Decisions based on confidential police information63
71.Section 31 amended64
72.Section 32 amended64
73.Section 33 amended64
74.Section 38 amended65
75.Section 49 amended65
76.Section 62 amended65
77.Section 65A amended65
78.Sections 65C to 65E inserted66
65C.Term used: application66
65D.Application requirements66
65E.Licence applications to be made by proposed licensee67
79.Sections 67 to 76 replaced67
67.Applications for occasional licences and extended trading permits67
68.Advertisement of applications68
80.Part 3 Divisions 7A and 7B inserted69
Division 7A — Submissions about applications
Subdivision 1 — General
69.Submissions69
70.Director may provide information to officials to enable objections and official submissions69
71.Submissions to be in approved form70
72.Dealing with submissions70
Subdivision 2 — Objections
73.What are objections71
74.Who may make objections72
75.Requirements for objections73
Subdivision 3 — Official submissions
76.What are official submissions74
76A.Who is an official74
76B.Police submissions74
76C.Local government submissions75
76D.Tourism submissions76
76E.Health submissions76
76F.Submissions about club licence applications77
Subdivision 4 — General submissions
76G.What are general submissions77
76H.Who may make general submissions78
76I.Dealing with general submissions78
Division 7B — Alteration and redefinition of premises
76J.Consent to alteration or redefinition of licensed premises78
81.Section 77 amended78
82.Section 82 amended79
83.Section 88 amended79
84.Section 95 amended79
85.Section 104 amended80
86.Section 115AA amended80
87.Section 115AD deleted80
88.Section 116A amended80
89.Section 117 amended81
90.Section 126A amended81
91.Part 5 Division 3 heading replaced81
Division 3 — Tribunal orders for payment of money
92.Section 143 amended81
93.Section 147 replaced81
147.Declaration and determination of financial advantage from contravention81
94.Section 152NF amended82
95.Section 152NH deleted82
96.Section 152NV amended83
97.Section 152NY amended83
98.Section 152NZB deleted83
99.Section 152NZH deleted83
100.Section 152X deleted83
101.Section 152YJ amended84
102.Section 152YK deleted84
103.Section 152YO amended84
104.Section 152YT amended84
105.Section 152YU amended84
106.Section 152YV amended85
107.Section 152YW amended85
108.Section 152YX deleted85
109.Part 5C Division 5 deleted85
110.Section 153 amended85
111.Section 154 amended86
112.Section 159 amended86
113.Section 167 amended87
114.Section 168 amended87
115.Section 172 amended87
116.Part 7B inserted88
Part 7B — Review of decisions
172N.Term used: relevant person88
172O.Review of decisions89
172P.Time limit for review applications90
172Q.Parties to review proceedings91
172R.Constitution of Tribunal92
172S.Tribunal not to consider new material when reviewing Director’s decisions92
117.Section 175 amended92
118.Schedule 1F Division 1 heading inserted93
Division 1 — Transitional provisions relating to Liquor Control Amendment Act 2025 Part 2
119.Schedule 1F clause 1 amended93
120.Schedule 1F Division 2 inserted93
Division 2 — Transitional provisions relating to Liquor Control Amendment Act 2025 Part 3
Subdivision 1 — Preliminary
6.Terms used93
Subdivision 2 — General
7.Delegations94
8.Authorisations94
9.Inspectors and identity documents94
10.Confidential police information95
11.References to old provisions taken to be references to corresponding new provisions95
Subdivision 3 — Liquor Commission
12.Abolition of Liquor Commission and repeal of Liquor Commission Rules 200795
13.Final annual report of Liquor Commission96
14.Transfer day96
121.Schedule 3 inserted97
Schedule 3 — Reviewable decisions
Division 1 — Reviewable decisions under Part 3 (Licences and permits)
1.Decisions about licences (other than occasional licences)97
2.Decisions about long‑term extended hours permits97
3.Decisions not to approve appointment of trustees of unincorporated bodies98
4.Decisions to replace tavern restricted licence with small bar licence98
5.Decisions to replace special facility licence with another licence98
6.Decisions about conditional grants and removals of licences98
7.Imposition of conditions and penalties following contravention of licence conditions98
8.Decisions about petrol stations and packaged liquor99
9.Decisions about alterations or redefinitions of licensed premises99
10.Decisions about interim authorisations99
11.Decisions about business continuity orders99
12.Decisions in disputes about leases100
Division 2 — Reviewable decisions under Part 4 (Conduct of business)
13.Decisions about managers’ approvals100
14.Decisions about approving profit sharing agreements and arrangements101
15.Decisions about lodgers’ accommodation101
16.Lodgers’ guests101
17.Decisions about barring notices101
18.Determination of complaints about licensed premises102
Division 3 — Reviewable decisions under Part 5A (Prohibition orders)
19.Decisions about prohibition orders102
Division 4 — Reviewable decisions under Part 5AA (Protected entertainment precincts)
20.Decisions about reviewable short‑term exclusion orders103
21.Decisions about extended exclusion orders104
Division 5 — Reviewable decisions under Part 5C (Banned drinkers)
22.Police decisions about banned drinker orders105
23.Director’s decisions about banned drinker orders105
122.Various references to “Commission” amended106
123.Various references to forms amended107
124.Various references to “licensing authority” amended108
125.Various references to “it” amended111
Part 4 — Liquor Control Amendment (Banned Drinkers Register) Act 2023 amended
126.Act amended113
127.Section 2 amended113
128.Part 2 Division 3 deleted113
129.Section 34 deleted113
Part 5 — Other Acts amended
Division 1 — Constitution Acts Amendment Act 1899 amended
130.Act amended114
131.Schedule V amended114
Division 2 — Parliamentary Commissioner Act 1971 amended
132.Act amended114
133.Section 13 amended114
Division 3 — Public Trustee Act 1941 amended
134.Act amended114
135.Section 15 amended114
Liquor Control Amendment Act 2025
An Act to amend the Liquor Control Act 1988 and other Acts.
[Assented to 12 December 2025]
The Parliament of Western Australia enacts as follows:
This is the Liquor Control Amendment Act 2025.
This Act comes into operation as follows —
(a)Part 1 — on the day on which this Act receives the Royal Assent (assent day);
(b)Parts 2 and 4 — on the day after assent day;
(c)the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
Part 2 — Miscellaneous amendments to Liquor Control Act 1988
This Part amends the Liquor Control Act 1988.
Division 2 — Business continuity
(1)In section 3(1) delete the definition of protection order.
(2)In section 3(1) insert in alphabetical order:
business continuity order means an order made under section 87 or 89;
(1)In section 86(2), (3), (5) and (6) delete “28 days” and insert:
3 months
(2)In section 86(10)(a) delete “28 days,” and insert:
3 months,
In section 87(1)(c):
(a)delete “28 days,” and insert:
3 months,
(b)delete “28 days; or” and insert:
3 months; or
7.Various references to “protection order” amended
In the provisions listed in the Table:
(a)delete “protection order” (each occurrence) and insert:
business continuity order
(b)delete “protection orders” and insert:
business continuity orders
(c)delete “protection order” and insert:
business continuity order
Table
|
s. 3(1) def. of licensed premises |
s. 32(2)(b) |
|
s. 84(1)(b)(ii) and (6)(c) |
Pt. 3 Div. 10 heading |
|
s. 86(10)(a) |
s. 87(1), (2), (3), (4), (5), (6) and (7) |
|
s. 88(1) and (2) |
s. 89(b) |
|
s. 95(8)(a), (b) and (c) |
s. 96(6)(b) |
Division 3 — Licences and permits
Delete section 37A and insert:
37A.Duty to inform Director of conviction
(1)This section applies to each of the following persons —
(a)a licensee;
(b)a person who occupies a position of authority in a body corporate that is a licensee;
(c)an approved unrestricted manager;
(d)an approved restricted manager.
(2)A person to whom this section applies who is convicted of an offence in any jurisdiction must inform the Director of the conviction, in writing, within 14 days after the day on which the person is convicted.
Penalty for this subsection: $15 000.
In section 41A(2)(b) delete “120.” and insert:
150.
In section 41B(2):
(a)in paragraph (a) delete “120; and” and insert:
150; and
(b)in paragraph (b) delete “120” and insert:
150
In section 44(1)(a)(ii) delete “Gaming and Wagering Commission;” and insert:
Director;
In section 56(1):
(a)in paragraph (d) delete “person.” and insert:
person; or
(b)after paragraph (d) insert:
(e)being liquor containing spirits, if —
(i)the spirits was distilled by that person, or under the control or direction of that person from wine produced by that person; and
(ii)the liquor does not contain liquor produced by any other person.
(1)Delete section 60(2) and insert:
(2)An extended trading permit has effect while the licence to which it relates remains in force, except as otherwise —
(a)provided by this section; or
(b)specified in the permit.
(2A)If an extended trading permit so provides, the place to which it applies is, or the premises to which it applies are, taken, while the permit has effect, to be a part of the licensed premises of the licence to which the permit relates.
(2)In section 60(4):
(a)delete paragraph (a) and insert:
(a)catering, authorising the licensee to sell liquor as a caterer during specified hours on specified days; or
(b)in paragraph (b) delete “liquor, other than on a Good Friday,” and insert:
liquor
(c)in paragraph (b) delete “remains in force for the period during which the licence is current unless otherwise specified, but”;
(d)in paragraph (c) delete “remains in force for the period during which the licence is current unless otherwise specified, but”;
(e)in paragraph (e) delete “liquor on such days other than Christmas Day or Good Friday and between such hours or in such circumstances on those days as may be specified,” and insert:
liquor, during specified hours, or in specified circumstances, on specified days,
(f)in paragraph (e) delete “remains in force for the period specified, but”;
(g)in paragraph (f) delete “a day other than a Good Friday being”;
(h)delete paragraphs (g) and (h) and insert:
(g)extended hours, authorising the licensee to sell liquor under the licence during specified hours (that would not otherwise be permitted hours) —
(i)on specified days; or
(ii)on a specified occasion;
or
(h)an extended area, authorising the licensee to sell liquor under the licence, during specified hours on specified days —
(i)on specified premises that would not otherwise be authorised; or
(ii)in a specified area that would not otherwise be authorised;
or
In section 82A(1) delete “application” and insert:
informal application in writing
In section 103(2) after “notice” insert:
in writing
Delete section 107.
Delete section 108.
(1)Delete section 126(1)(b)(i)(III) and insert:
(III)a photo card, as defined in the Western Australian Photo Card Act 2014 section 3, that is current; or
(IV)another form of evidence prescribed by the regulations;
(2)In section 126(2a) delete “subsection (1)(b)(i)(I) or (III)” and insert:
subsection (1)(b)(i) (other than subsection (1)(b)(i)(II))
(3)After section 126(2b) insert:
(2C)A person is taken to produce evidence of the person’s age under subsection (1)(b)(i) if —
(a)the evidence was originally issued in digital form (or in both digital and a physical form); and
(b)the person displays on a mobile phone or other electronic device —
(i)the evidence in its original digital form (and not merely a digital reproduction of evidence originally issued in a physical form, such as a digital photograph of a physical card); or
(ii)a QR code, or other prescribed method, by which the authorised person may access the evidence in its original digital form.
(2D)Subsection (2a) does not apply to evidence produced as described in subsection (2C).
(2E)This section does not require a person who produces evidence as described in subsection (2C) to hand over the mobile phone or other electronic device to the authorised person.
In section 152YH:
(a)delete “must ensure — ” and insert:
must —
(b)in paragraph (a) before “all” insert:
ensure
(c)in paragraph (b) before “the order” insert:
ensure
In section 152YK(1)(a) before “give” insert:
ensure all reasonable steps are taken to
In section 152YP(3)(c) delete “enter information about the revocation” and insert:
ensure information about the revocation is entered
In section 152ZC(2):
(a)in paragraph (d) delete “drinker.” and insert:
drinker; or
(b)after paragraph (d) insert:
(e)a prescribed person, or a person belonging to a prescribed class of persons, engaged in the creation or provision of equipment, software, databases, or any other thing to be used in connection with the keeping of the banned drinkers register.
Delete section 152ZI(4)(a) and (b) and insert:
(a)a current Australian driver’s licence with a photograph;
(b)a current passport;
(1)Delete section 154(1)(a) and (b) and insert:
(a)enter and inspect —
(i)licensed premises; or
(ii)regulated premises; or
(iii)liquor restricted premises (as defined in section 152N);
and
(2)In section 154(2)(b) before “make” insert:
seize or
Delete section 171(1) and insert:
(1)If an authorised officer, or another person at the request of an authorised officer, purchases or obtains liquor in connection with the performance of the authorised officer’s functions under this Act —
(a)neither the authorised officer, nor the other person, commits an offence arising out of the purchase or obtaining of the liquor; and
(b)neither the authorised officer, nor the other person, is liable as a party to an offence committed by another person arising out of the purchase or obtaining of the liquor; and
(c)the evidence of the authorised officer, or of the other person, in proceedings for an offence arising out of the purchase or obtaining of the liquor is not the evidence of an accomplice.
In section 175(1)(cc) delete “section 126(1)(b)(i)(III),” and insert:
section 126(1)(b)(i)(IV),
In section 96(1)(m) delete “$60 000; or” and insert:
$75 000; or
(1)In section 106(1) delete the Penalty and insert:
Penalty for this subsection:
(a)for the licensee or a manager, a fine of $15 000;
(b)for an employee or agent, a fine of $6 000;
(c)for a lodger, a fine of $3 000.
(2)In section 106(3) delete the Penalty and insert:
Penalty for this subsection:
(a)for the licensee or a manager, a fine of $15 000;
(b)for an employee or agent, a fine of $6 000;
(c)for a lodger, a fine of $3 000.
(1)In section 110(1) delete the Penalty and insert:
Penalty for this subsection:
(a)for the licensee or a manager, a fine of $15 000;
(b)for an employee or agent, a fine of $6 000;
(c)for anyone else, a fine of $3 000.
(2)In section 110(2) delete the Penalty and insert:
Penalty for this subsection:
(a)for the licensee or a manager, a fine of $15 000;
(b)for an employee or agent, a fine of $6 000.
(3)In section 110(3) delete the Penalty and insert:
Penalty for this subsection:
(a)for the licensee or a manager, a fine of $15 000;
(b)for an employee or agent, a fine of $6 000;
(c)for anyone else, a fine of $3 000.
(4)In section 110(4A) delete the Penalty and insert:
Penalty for this subsection: a fine of $3 000.
(5)In section 110(5) delete the Penalty and insert:
Penalty for this subsection: a fine of $3 000.
(6)In section 110(7) delete the Penalty and insert:
Penalty for this subsection: a fine of $15 000.
(1)In section 111(1) delete the Penalty and insert:
Penalty for this subsection:
(a)for the licensee or a manager, a fine of $15 000;
(b)for an employee or agent, a fine of $6 000.
(2)In section 111(2) delete the Penalty and insert:
Penalty for this subsection: a fine of $3 000.
In section 114(1) delete the Penalty and insert:
Penalty for this subsection:
(a)for the licensee or a manager, a fine of $15 000;
(b)for an employee or agent, a fine of $6 000.
(1)In section 115(1) delete the Penalty and insert:
Penalty for this subsection:
(a)for the licensee or a manager, a fine of $15 000;
(b)for an employee or agent, a fine of $6 000.
(2)In section 115(2) delete the Penalty and insert:
Penalty for this subsection:
(a)for an offence on licensed premises —
(i)for the licensee or a manager, a fine of $15 000;
(ii)for an employee or agent, a fine of $6 000;
(iii)for anyone else, a fine of $3 000;
(b)for an offence on regulated premises —
(i)for the owner of the regulated premises, a fine of $15 000;
(ii)for anyone else, a fine of $3 000.
(3)In section 115(4B) delete “$5 000.” and insert:
$6 000.
(4)In section 115(5) delete “$2 000.” and insert:
$3 000.
(5)In section 115(6) delete “$5 000.” and insert:
$6 000.
(6)In section 115(7) delete “$2 000.” and insert:
$3 000.
In section 115A(2) delete the Penalty and insert:
Penalty for this subsection:
(a)for the licensee, a fine of $15 000;
(b)for a manager, a fine of $6 000.
(1)In section 119A(4) delete the Penalty and insert:
Penalty for this subsection:
(a)for the licensee, a fine of $15 000;
(b)for anyone else, a fine of $6 000.
(2)In section 119A(5) delete the Penalty and insert:
Penalty for this subsection: a fine of $15 000.
(1)In section 121(1) delete the Penalty and insert:
Penalty for this subsection:
(a)for the licensee or a manager, a fine of $15 000;
(b)for the sale or supply by any other person, a fine of $6 000;
(c)for anyone else, a fine of $3 000.
(2)In section 121(2) delete the Penalty and insert:
Penalty for this subsection:
(a)for the licensee or a manager, a fine of $15 000;
(b)for anyone else, a fine of $6 000.
(3)In section 121(3) delete “Penalty:” and insert:
Penalty for this subsection:
(4)In section 121(4) delete the Penalty and insert:
Penalty for this subsection:
(a)for the licensee or a manager, a fine of $15 000;
(b)for an employee or agent, a fine of $6 000;
(c)for a juvenile, a fine of $3 000.
(5)In section 121(7) delete the Penalty and insert:
Penalty for this subsection: a fine of $3 000.
(6)In section 121(7a) delete the Penalty and insert:
Penalty for this subsection: a fine of $3 000.
(7)In section 121(9) delete the Penalty and insert:
Penalty for this subsection: a fine of $3 000.
(8)In section 121(10) delete the Penalty and insert:
Penalty for this subsection: a fine of $15 000.
(1)In section 122(2) delete the Penalty and insert:
Penalty for this subsection: a fine of $15 000.
(2)In section 122(3) delete the Penalty and insert:
Penalty for this subsection:
(a)for a juvenile, a fine of $3 000;
(b)for anyone else, a fine of $6 000.
In section 126D(2) delete the Penalty and insert:
Penalty for this subsection:
(a)for the licensee or a manager, a fine of $15 000;
(b)for an employee or agent, a fine of $6 000.
In section 166(2) delete “$2 000.” and insert:
$4 000.
In section 175(2):
(a)in paragraph (a) delete “$5 000; and” and insert:
$10 000; and
(b)in paragraph (b) delete “$2 000.” and insert:
$5 000.
Amend the provisions listed in the Table as set out in the Table.
Table
|
Provision |
Delete |
Insert |
|
s. 20(3) |
Penalty: a fine of $5 000 |
Penalty for this subsection: a fine of $15 000 |
|
s. 51(2) and (4) |
Penalty: a fine of $2 000 |
Penalty for this subsection: a fine of $3 000 |
|
s. 65(1A) |
$2 000 |
$5 000 |
|
s. 77(1) |
Penalty: a fine of $10 000 |
Penalty for this subsection: a fine of $15 000 |
|
s. 100(2), (2a), (5) and (8) |
Penalty: a fine of $10 000 |
Penalty for this subsection: a fine of $15 000 |
|
s. 101(3) |
Penalty: a fine of $10 000 |
Penalty for this subsection: a fine of $15 000 |
|
s. 102(1) |
Penalty: a fine of $10 000 |
Penalty for this subsection: a fine of $15 000 |
|
s. 103(3) |
Penalty: a fine of $2 000 |
Penalty for this subsection: a fine of $5 000 |
|
s. 104(1) |
Penalty: a fine of $10 000 |
Penalty for this subsection: a fine of $15 000 |
|
s. 109(1) |
Penalty: a fine of $20 000 |
Penalty for this subsection: a fine of $50 000 |
|
s. 109(3) |
Penalty: a fine of $10 000 |
Penalty for this subsection: a fine of $25 000 |
|
s. 109(4A) |
Penalty: a fine of $20 000 |
Penalty for this subsection: a fine of $50 000 |
|
s. 109A(2) |
$10 000 |
$40 000 |
|
s. 113A |
$5 000 |
$7 000 |
|
s. 115AA(6) |
$10 000 |
$15 000 |
|
s. 115AC(3) |
$10 000 |
$15 000 |
|
s. 115AE(1) |
$10 000 |
$15 000 |
|
s. 116(1), (2), (3), (4) and (5) |
Penalty: a fine of $2 000 |
Penalty for this subsection: a fine of $3 000 |
|
s. 116(2A) |
Penalty: |
Penalty for this subsection: |
|
s. 116A(1) and (3) |
Penalty: a fine of $5 000 |
Penalty for this subsection: a fine of $7 000 |
|
s. 117(7) |
Penalty: a fine of $10 000 |
Penalty for this subsection: a fine of $15 000 |
|
s. 118(3) |
Penalty: a fine of $2 000 |
Penalty for this subsection: a fine of $3 000 |
|
s. 119(1), (2), (4), (5), (7) and (11) |
Penalty: a fine of $2 000 |
Penalty for this subsection: a fine of $3 000 |
|
s. 123(1) and (2) |
Penalty: a fine of $2 000 |
Penalty for this subsection: a fine of $3 000 |
|
s. 124 |
$2 000 |
$3 000 |
|
s. 126(2), (4) and (5) |
Penalty: a fine of $2 000 |
Penalty for this subsection: a fine of $3 000 |
|
s. 145(4) |
Penalty: a fine of $10 000 |
Penalty for this subsection: a fine of $15 000 |
|
s. 146(1) |
Penalty: a fine of $10 000 |
Penalty for this subsection: a fine of $15 000 |
|
s. 152(2) |
Penalty: a fine of $5 000 |
Penalty for this subsection: a fine of $7 000 |
|
s. 152L(1) and (2) |
Penalty: a fine of $10 000 |
Penalty for this subsection: a fine of $15 000 |
|
s. 152M |
$10 000 |
$15 000 |
|
s. 152O(1) |
Penalty: a fine of $2 000 |
Penalty for this subsection: a fine of $3 000 |
|
s. 152S(1), (2) and (5) |
Penalty: a fine of $2 000 |
Penalty for this subsection: a fine of $3 000 |
|
s. 152T(3) |
Penalty: a fine of $2 000 |
Penalty for this subsection: a fine of $3 000 |
|
s. 154(3) |
Penalty: a fine of $10 000 |
Penalty for this subsection: a fine of $15 000 |
|
s. 157 |
$10 000 |
$25 000 |
|
s. 158(1) |
Penalty: a fine of $10 000 |
Penalty for this subsection: a fine of $15 000 |
|
s. 159(1) and (3) |
Penalty: a fine of $10 000 |
Penalty for this subsection: a fine of $15 000 |
|
s. 160(4) |
Penalty: a fine of $5 000 |
Penalty for this subsection: a fine of $7 000 |
|
s. 161(7) |
Penalty: a fine of $10 000 |
Penalty for this subsection: a fine of $15 000 |
Delete section 98(1)(e) and (f) and insert:
(e)on Good Friday or Christmas Day — from 10 am to 12 midnight, but only for the sale of liquor for consumption on the licensed premises;
(f)on ANZAC Day — from 10 am to 12 midnight.
Delete section 98AA(d) and (e) and insert:
(d)on Good Friday or Christmas Day — from 10 am to 12 midnight;
(e)on ANZAC Day — from 10 am to 12 midnight.
(1)Delete section 98A(1)(e) and (f) and insert:
(e)on Good Friday or Christmas Day —
(i)from immediately after 12 midnight on the previous day to 5 am; and
(ii)from 8 pm to midnight and then continuing to 2 am on the next day;
(2)In section 98A(1)(g) delete “3 a.m.” and insert:
5 am
(3)Delete section 98A(2).
Delete section 98B and insert:
98B.Casino liquor licence: permitted hours
The permitted hours under a casino liquor licence are as specified in the particular licence.
Delete section 98E(2)(a) to (c) and insert:
(a)on Good Friday or Christmas Day —
(i)from immediately after 12 midnight on the previous day to 12.30 am; and
(ii)from 10 am to 10 pm,
but only for the sale of liquor for consumption on the licensed premises;
(b)on ANZAC Day —
(i)that is a Sunday — from immediately after 12 midnight on the previous day to 1 am and from 10 am to 12 midnight; or
(ii)that is not a Sunday — from immediately after 12 midnight on the previous day to 12.30 am and from 10 am to 12 midnight.
In section 98F delete “12 noon” and insert:
10 am
Delete section 98G and insert:
98G.Producer’s licence: permitted hours
(1)The permitted hours under a producer’s licence are —
(a)subject to subsection (2), on a day other than Good Friday, Christmas Day or ANZAC Day — at any time;
(b)on Good Friday or Christmas Day — from 10 am to 12 midnight, but only for the sale of liquor for consumption on the licensed premises;
(c)on ANZAC Day — from 10 am to 12 midnight.
(2)For the purposes of section 55(1)(a), the permitted hours in relation to the sale or supply of beer, spirits or liquor containing spirits on a day other than Good Friday or Christmas Day or ANZAC Day are from 10 am to 12 midnight.
In section 3(1) delete the definitions of:
assessment
subsidy
In section 14(1)(a)(ii) delete “transactions and subsidies;” and insert:
transactions;
In section 25(5):
(a)in paragraph (a)(iia) delete “licence; or” and insert:
licence;
(b)delete paragraph (a)(iii).
Delete section 64(3)(k).
Delete Part 5 Division 2.
In section 143(1) delete “Act, including an amount due under section 135 in respect of an incorrect subsidy application.” and insert:
Act.
(1)Delete section 145(1a).
(2)In section 145(2) delete “or (1a)”.
In section 146(1) delete the passage that begins with “information as” and ends with “subsidy,” and insert:
information as the Director may require, or as is prescribed, relating to transactions involving —
(a)the sale or other disposal of liquor; or
(b)the purchase or acquisition of liquor,
In section 148(1) delete “subsidy or any other monies” and insert:
money
(1)In section 150(1):
(a)in paragraph (b) delete “records;” and insert:
records.
(b)delete paragraph (c).
(2)Delete section 150(2).
(3)In section 150 delete the Penalty.
(1)In section 154(1):
(a)in paragraph (g) delete “a subsidy,”;
(b)in paragraph (h) delete “to a subsidy, or”.
(2)In section 154(5) delete “Subject to subsection (6), a” and insert:
A
(3)Delete section 154(6).
In section 161(1):
(a)delete “or that there are on the premises records which are relevant to the assessment of a subsidy”;
(b)delete paragraph (d).
Delete section 172(11)(d) to (f).
Division 8 — Transitional provisions
Delete Schedule 1E clause 4.
After Schedule 1E insert:
Schedule 1F — Transitional provisions relating to Liquor Control Amendment Act 2025
[s. 177]
(1)In this Schedule —
new, in relation to a provision of this Act, means the provision as in force on Part 2 commencement day;
Part 2 commencement day means the day on which the Liquor Control Amendment Act 2025 section 62 comes into operation.
(2)In this Schedule, a licence or permit is an existing licence or permit if it is in force immediately before Part 2 commencement day.
2.New licence provisions apply to existing licences
(1)New Part 3 Division 2 applies to an existing licence.
(2)Without limiting subclause (1) —
(a)new section 41A applies to an existing small bar licence; and
(b)new section 41B applies to an existing tavern restricted licence; and
(c)new section 44 applies to an existing casino liquor licence; and
(d)new section 56 applies to an existing producer’s licence.
3.New permit provisions apply to existing permits
New section 60 applies to an existing permit.
4.Protection orders are business continuity orders
A protection order in force immediately before Part 2 commencement day is taken to be a business continuity order.
5.New permitted hours apply to existing licences
(1)New Part 4 Division 1 applies to an existing licence.
(2)Without limiting subclause (1) —
(a)new section 98 applies to an existing hotel licence; and
(b)new section 98AA applies to an existing small bar licence; and
(c)new section 98A applies to an existing nightclub licence; and
(d)new section 98B applies to an existing casino liquor licence; and
(e)new section 98E applies to an existing club licence and club restricted licence; and
(f)new section 98F applies to an existing restaurant licence; and
(g)new section 98G applies to an existing producer’s licence.
Division 9 — Various amendments
(1)In section 3(1) in the definition of drunk delete “by” and insert:
in
(2)In section 3(1) in the definition of removal delete “assigned by” and insert:
given in
(3)In section 3(3) delete “shall be deemed” and insert:
is taken
(1)In section 102F(3):
(a)in paragraph (a) delete “given, subject to section 30,” and insert:
given
(b)in paragraph (b) before “to be heard” insert:
to make submissions or
(2)After section 102F(4) insert:
(5)Nothing in subsection (3)(a) requires or authorises the Director to disclose confidential police information.
Delete section 156(1) and insert:
(1)A local government has, in relation to licensed premises in its district, the same functions conferred or imposed on it by any other written law in relation to unlicensed premises.
66.Sections 177 to 177E replaced
Delete sections 177 to 177E and insert:
Transitional provisions in a Schedule to this Act have effect according to their terms.
Amend the provisions listed in the Table as set out in the Table.
Table
|
Provision |
Delete |
Insert |
|
s. 3A(2) |
to be taken |
taken |
|
s. 5(2) |
carrying out shall |
performing must |
|
s. 5(3) |
carrying out |
performing |
|
s. 5(4) |
carrying out |
performance |
|
s. 31(1) and (2) |
to the transfer |
of the transfer |
|
s. 31(4) |
issued by the licensing authority under section 60 |
|
|
s. 32(2) |
Notwithstanding that |
Even if |
|
s. 34(1) |
any application made to the licensing authority |
an application |
|
s. 34(1)(b) |
to the transfer |
of the transfer |
|
s. 34(2) |
shall not hear or determine any application to which this subsection applies, if that application |
must refuse the application if it |
|
s. 34(2)(a)(iii) |
deemed |
taken |
|
s. 34(3) |
any application made to the licensing authority |
an application |
|
s. 34(3)(b) |
to the transfer |
of the transfer |
|
s. 34(4) |
not hear or determine any application to which this subsection applies if that application |
refuse the application if it |
|
s. 36A(2) |
not grant |
refuse |
|
s. 36B(3) |
not hear or determine an application to which this section applies |
refuse the application |
|
s. 36B(4) |
not grant an application to which this section applies |
refuse the application |
|
s. 37(1) |
An application to the licensing authority for the grant of a licence, for approval to the transfer of a licence, or for a permit to be issued, shall not be granted by the licensing authority |
The licensing authority must refuse an application for a licence or permit, or for approval of the transfer of a licence, |
|
s. 37(3) |
An application shall not be granted where |
The licensing authority must refuse an application if |
|
s. 37(5)(a) |
an application for the grant or removal of such a licence shall not be granted |
the licensing authority must refuse an application for the grant or removal of such a licence |
|
s. 37B(2) |
to the licensing authority |
|
|
s. 37B(4) |
refuses |
fails |
|
s. 37B(5) |
refuses to be taken |
fails taken |
|
s. 37B(6) |
is to |
must |
|
s. 37B(6)(a)(i) |
not granted |
refused |
|
s. 37B(7) |
is to |
must |
|
s. 38(5) |
not granted (each occurrence) |
refused |
|
s. 39(1) |
made to the licensing authority for the grant or removal of a licence, or for a change in the use or condition of any premises shall |
for the grant or removal of a licence, or for a change in the use or condition of any premises, must |
|
s. 40(1) |
made to the licensing authority |
|
|
s. 41(6)(b) |
notwithstanding |
despite |
|
s. 41B(3) and (4) |
of its own motion |
on its own initiative |
|
s. 42(3) |
shall not be |
is not |
|
s. 46B(2) and (3) |
of its own motion |
on its own initiative |
|
s. 48(4)(e) |
up to date |
up‑to‑date |
|
s. 49(1)(a)(i) |
deemed |
taken |
|
s. 49(1)(a)(ii) |
notwithstanding that |
even if |
|
s. 49(1)(b) |
prior to |
before |
|
s. 49(5) |
Notwithstanding |
Despite |
|
s. 51(3) |
Where shall be |
If is |
|
s. 52(1) |
shall, at times when the sale or consumption of liquor ancillary to a meal supplied on the licensed premises is authorised, be deemed |
is, at times when the sale or consumption of liquor ancillary to a meal supplied on the licensed premises is authorised, taken |
|
s. 52(2) |
shall be accepted as |
is taken to be |
|
s. 53(1)(b) |
and |
or |
|
s. 55(3) |
shall be deemed |
is taken |
|
s. 58(1a) |
Notwithstanding |
Despite |
|
s. 59(3) |
notwithstanding that |
even if |
|
s. 60(4)(f) |
notwithstanding that |
even if |
|
s. 60(6) |
motion |
initiative |
|
s. 61A(6) |
to be taken |
taken |
|
s. 62(11) |
Notwithstanding |
Despite |
|
s. 62A(1) |
Notwithstanding |
Despite |
|
s. 62B(1) |
Notwithstanding |
Despite |
|
s. 63 |
of its own motion |
on its own initiative |
|
s. 64(1a)(a) |
of its own motion |
on its own initiative |
|
s. 65(4) |
notwithstanding that |
even if |
|
s. 68(3) |
prior to |
before |
|
s. 72(1) |
not grant |
refuse |
|
s. 73(5)(a)(iii) |
notwithstanding that |
even if |
|
s. 73(6) |
Notwithstanding |
Despite |
|
s. 77(3)(a) |
shall be deemed |
is taken |
|
s. 77(3)(b) |
shall, if it is not an alteration of a kind referred to in paragraph (a), be deemed |
is, if it is not an alteration of a kind referred to in paragraph (a), taken |
|
s. 77(5) |
shall not approve |
must refuse |
|
s. 77(5a) |
shall not be approved by the licensing authority |
must be refused |
|
s. 77A(3) |
not hear or determine |
refuse |
|
s. 80(2) |
notwithstanding |
even if |
|
s. 80(2)(a) |
that any premises to which the licence is to be temporarily removed, or the redefinition of the premises |
any premises to which the licence is to be temporarily removed, or the redefinition of the premises, |
|
s. 80(2)(b) |
that consents |
consents |
|
s. 80(2)(c) |
that |
|
|
s. 80(3) |
notwithstanding that |
even if |
|
s. 81(1) |
jurisdiction |
powers |
|
s. 81(2) |
to the licensing authority for a removal shall |
for a removal must |
|
s. 82(2) |
to the Director for approval to the transfer of a licence shall |
for approval of the transfer of a licence must |
|
s. 82A(2) |
notwithstanding that |
even if |
|
s. 84(1) |
shall not grant |
must refuse |
|
s. 84(1)(c) |
leave |
the permission |
|
s. 84(3) |
application shall not be determined |
Director must refuse the application |
|
s. 84(4) |
to the transfer |
of the transfer |
|
s. 84(6) |
to the transfer of a licence may be granted notwithstanding that |
of the transfer of a licence may be granted even if |
|
s. 85(1) |
notwithstanding that |
even if |
|
s. 86(8) |
to a transfer (each occurrence) forthwith and the Director shall |
of a transfer and the Director must |
|
s. 86(10) |
deemed |
taken |
|
s. 88(1)(d) |
to a transfer |
of a transfer |
|
s. 88(2) |
shall not be determined |
must be refused |
|
s. 91(1) |
at discretion |
on the Director’s own initiative |
|
s. 93(1) |
deemed (each occurrence) |
taken |
|
s. 94(1)(a) |
shall be deemed |
is taken |
|
s. 96(5) |
shall be deemed |
is taken |
|
s. 96(6)(a) |
shall forthwith |
must immediately |
|
s. 99(6) |
notwithstanding |
despite |
|
s. 100(2)(c) |
a person |
by a person |
|
s. 101(2) |
shall, for the purposes of any prosecution for an offence under this Act arising out of the conduct of the business, be deemed |
is, for the purposes of any prosecution for an offence under this Act arising out of the conduct of the business, taken |
|
s. 102B(5) |
to be taken |
taken |
|
s. 102(4) |
to be taken |
taken |
|
s. 105(3) |
shall be deemed |
is taken |
|
s. 109(1) |
deemed |
taken |
|
s. 109(4) |
shall be deemed also |
is also taken |
|
s. 110(3) and (4AA)(b) |
deemed |
taken |
|
s. 110(6) |
notwithstanding |
despite |
|
s. 115AB(3) |
the duty is delegated under this section cannot delegate that duty |
a function is delegated under this section cannot delegate the function |
|
s. 115AB(4) |
the duty that has been delegated to the person under this section is to be |
a function delegated to the person under this section is |
|
s. 115AB(5) |
duty |
function |
|
s. 116A(3A) to (3) |
Register (each occurrence) |
register |
|
s. 117(2a) |
is to |
must |
|
s. 117(3) |
shall |
must |
|
s. 117(3a), (3b), (4) and (4a) |
is to |
must |
|
s. 117(4c)(a) |
defer |
postpone |
|
s. 118(2) |
Where a person is to be deemed under subsection (1) to be liable as though that person were a licensee of any premises, any power conferred or duty imposed by this Act may be exercised |
If a person is, under subsection (1), taken to be liable as though the person were a licensee of any premises, any function conferred or imposed by this Act may be performed |
|
s. 118(4) |
shall not be to the transfer |
is not of the transfer |
|
s. 119(9) |
shall be deemed |
is taken |
|
s. 119(10) |
deemed to be kept or used as a place of resort for the consumption of liquor even though |
kept or used as a place of resort for the consumption of liquor even if |
|
s. 121(5)(b)(i) |
126A |
126B |
|
s. 121(10)(b) |
deemed |
taken |
|
s. 122A(2) and (3) |
Penalty: |
Penalty for this subsection: |
|
s. 122(1) |
deemed |
taken |
|
s. 152(1) |
shall |
must |
|
s. 152E(1)(b) |
dismissing |
refusing |
|
s. 152J(1)(b) |
dismissing |
refusing |
|
s. 152NB(3) |
carrying out |
performing |
|
s. 152NF(4)(b) |
dismissing |
refusing |
|
s. 152NF(8) |
dismisses dismissal |
refuses refusal |
|
s. 152NM(1)(b) |
dismissing |
refusing |
|
s. 152NM(7) |
dismisses dismissal |
refuses refusal |
|
s. 152NR(2)(b) |
dismissing |
refusing |
|
s. 152NR(4) |
dismisses dismissal |
refuses refusal |
|
s. 152NZB(1) def. of relevant written notice par. (a) and (b) |
dismissal |
refusal |
|
s. 152NZG(1) |
any power or duty |
a function |
|
s. 152NZG(3) |
power or duty is delegated under this section cannot delegate that power or duty |
function is delegated under this section cannot delegate the function |
|
s. 152NZG(4) |
exercising or performing a power or duty that has been |
performing a function |
|
s. 152ZK(1) |
any power or duty |
a function |
|
s. 152ZK(3) |
function, power or duty is delegated under this section cannot delegate the function, power or duty |
function is delegated under this section cannot delegate the function |
|
s. 152ZK(4) |
exercising a power, or performing a function or duty, that has been |
performing a function |
|
s. 153(3) |
made, under |
made under |
|
s. 154(7) |
prior to |
before |
|
s. 158(3) |
shall, for the purposes of subsection (2), be deemed to continue for as long as the thing remains undone, notwithstanding that |
is, for the purposes of subsection (2), taken to continue for as long as the thing remains undone, even if |
|
s. 163(1) and (2) |
deemed |
taken |
|
s. 164(1)(b) |
shall also be deemed |
is also taken |
|
s. 165(1) |
shall be deemed also |
is also taken |
|
s. 165(2) |
notwithstanding that |
even if |
|
s. 168(1) |
shall, in the absence of evidence to the contrary, be deemed |
is, in the absence of evidence to the contrary, taken |
|
s. 170(c) |
shall be deemed notwithstanding that |
is taken even if |
|
s. 172(4) |
deemed |
taken |
|
s. 172(7) |
shall be deemed |
is taken |
|
s. 172(11) |
license |
licence |
|
s. 172(13) |
148 shall be (each occurrence) |
147 is |
|
Schedule 1A |
[s. 177A] |
[s. 177] |
|
Schedule 1B |
[s. 177B] |
[s. 177] |
|
Schedule 1C |
[s. 177C] |
[s. 177] |
|
Schedule 1D |
[s. 177D] |
[s. 177] |
|
Schedule 1E |
[s. 177E] |
[s. 177] |
|
Sch 2 Div 1 cl. 1 def. of League Sch 2 Div 1 cl. 2(1)(d)(i) Sch 2 Div 2 cl. 1 def. of Association Sch 2 Div 2 cl. 2(1)(d)(i) |
deemed |
taken |
Note: The headings to the amended sections listed in the Table are to read as set out in the Table.
Table
|
Amended section |
Section heading |
|
s. 34 |
Refusal of certain applications |
|
s. 36A |
Applications to be refused: sale of packaged liquor from metropolitan petrol stations |
|
s. 37 |
Licences and permits: requirements and conditions |
|
s. 37B |
Fingerprints of applicants for, and holders of, licences and approvals |
|
s. 38 |
Certain applications to be refused unless in the public interest |
|
s. 42 |
Nightclub licence: effect and conditions |
|
s. 44 |
Casino liquor licence: effect and conditions |
|
s. 49 |
Club licence: requirements |
|
s. 51 |
Unlicensed restaurants: offences |
|
s. 52 |
Extended trading permit authorising liquor ancillary to meals |
|
s. 55 |
Producer’s licence: effect |
|
s. 56 |
Presumption of production of liquor |
|
s. 58 |
Wholesaler’s licence: effect and conditions |
|
s. 59 |
Occasional licence: effect, conditions and requirements |
|
s. 60 |
Extended trading permits: purposes, effect and conditions |
|
s. 62 |
Conditional grants or removal of licences: uncompleted premises |
|
s. 62A |
Conditional grants or removal of licenses: pending local government or planning authority certificates |
|
s. 62B |
Conditional approval: satisfaction of matters under s. 77(5) |
|
s. 63 |
Limit on power to vary or cancel certain terms and conditions |
|
s. 87 |
Grant and term of business continuity orders |
|
s. 88 |
Effect of business continuity orders |
|
s. 89 |
Disputes about terms of leases |
|
s. 95 |
Grounds and procedure for disciplinary action against licensees |
|
s. 96 |
Powers to take disciplinary action |
|
s. 98 |
Hotel licence: permitted hours |
|
s. 98AA |
Small bar licence: permitted hours |
|
s. 98A |
Nightclub licence: permitted hours |
|
s. 98E |
Club licence and club restricted licence: permitted hours |
|
s. 98F |
Restaurant licence: permitted hours |
|
s. 99 |
Requirement to maintain licensed premises |
|
s. 101 |
Liability of managers and others |
|
s. 102 |
Unapproved management or control of incorporated licensee |
|
s. 104 |
Profit sharing prohibited without approval |
|
s. 105 |
Persons taken to be lodgers of licensed premises |
|
s. 106 |
Conditions applying to liquor supplied to lodgers |
|
s. 109 |
Sale of liquor: offences |
|
s. 110 |
Licensed premises and sports arenas: offences |
|
s. 111 |
Trading outside permitted hours: offences |
|
s. 113A |
Information required on licensees’ websites |
|
s. 114 |
Closure of licensed premises by police |
|
s. 115 |
Drunk, disruptive and other persons |
|
s. 116 |
Requirements to keep, display and produce documents at licensed premises |
|
s. 117 |
Complaints about noise or behaviour related to licensed premises |
|
s. 119 |
Unlicensed premises: offences |
|
s. 119A |
Approval required to conduct non‑liquor business on or from licensed premises |
|
s. 121 |
Juveniles on licensed premises: offences |
|
s. 122 |
Juveniles on regulated premises: offences |
|
s. 123 |
Possession or consumption of liquor by juveniles: offences |
|
s. 124 |
Sending juvenile to obtain liquor: offence |
|
s. 126 |
Suspected juveniles: evidence of age and removal from premises |
|
s. 126C |
Crowd controllers to be authorised when removing persons from licensed premises |
|
s. 126D |
Undesirable liquor products: declaration and offence |
|
s. 145 |
Requirement to keep records of liquor transactions |
|
s. 148 |
Director’s power to obtain information |
|
s. 150 |
Director’s right of access to premises and records |
|
s. 152 |
Confidentiality of information |
|
s. 152O |
Liquor on restricted premises: offence |
|
s. 153 |
Examination and reporting by authorised officers |
|
s. 154 |
Powers of authorised officers |
|
s. 156 |
Functions of local governments |
|
s. 157 |
Evasion of licence fees or other money: offence |
|
s. 159 |
False or misleading statements or records: offence |
|
s. 160 |
Power to obtain information |
|
s. 161 |
Search warrants |
|
s. 163 |
Presumption of sale of liquor |
|
s. 165 |
Licensees liable for acts of employees and agents |
|
s. 168 |
Institution of prosecutions |
|
s. 171 |
Accomplices and evidence |
|
s. 172 |
Proof of certain matters |
Note: The headings to the sections listed in the Table are to read as set out in the Table.
Table
|
Section |
Section heading |
|
s. 98C |
Special facility licence: permitted hours |
|
s. 98D |
Liquor store licence: permitted hours |
|
s. 98H |
Wholesaler’s licence: permitted hours |
Part 3 — Amendments to Liquor Control Act 1988: licensing, regulatory and review functions
This Part amends the Liquor Control Act 1988.
(1)In section 3(1) delete the definitions of:
authorised officer
chairperson
Commission
inspector
licensing authority
member
party to proceedings
(2)In section 3(1) insert in alphabetical order:
advertised application has the meaning given in section 68(3);
approved form means a form approved under section 12;
authorised officer means —
(a)the Director; or
(b)an inspector; or
(c)a police officer; or
(d)a designated authorised officer;
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;
general submission has the meaning given in section 76G;
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;
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;
objection has the meaning given in section 73;
official has the meaning given in section 76A;
official submission has the meaning given in section 76;
submission deadline, for an advertised application, has the meaning given in section 68(4);
Tribunal means the State Administrative Tribunal;
(3)In section 3(1) in the definition of confidential police information delete “section 30(1);” and insert:
section 17;
Delete Part 2 and insert:
(1)The Director may delegate any function of the Director under another provision of this Act to —
(a)an inspector; or
(b)another person employed or engaged in the Department.
(2)The delegation must be in writing and signed by the Director.
(3)A person to whom a function is delegated under this section cannot delegate the function.
(4)A person performing a function delegated to the person under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(5)Nothing in this section limits the ability of the Director to perform a function through an officer or agent.
8.Agreements for performance of functions
(1)The Director may enter into an agreement with a person or body providing for functions of the Director described in the agreement to be performed on behalf of the Director.
(2)A function described in the agreement must be performed —
(a)in accordance with the agreement; and
(b)on and subject to the terms of the agreement.
(3)If the performance of a function depends on the opinion, belief or state of mind of the Director, the function may be performed under the agreement on the opinion, belief or state of mind of —
(a)the person or body with whom the agreement is made; or
(b)another person provided for in the agreement.
(4)For the purposes of this Act or any other written law, anything done by, or in relation to, a person or body in connection with the performance by that person or body under the agreement of a function of the Director has effect as if it had been done by, or in relation to, the Director.
9.Inspectors and designated authorised officers
(1)The Director may designate a person employed or engaged in the Department as an inspector to —
(a)ensure that licensed premises conform to proper standards; and
(b)examine records relating to liquor transactions.
(2)The Director must ensure that each inspector is issued a card (an identity card) that identifies the person as an inspector.
(3)An inspector must —
(a)carry the inspector’s identity card when performing a function of an inspector; and
(b)if required to do so by a person in relation to whom the inspector performs the function, produce the inspector’s identity card before, or at the time of, performing the function.
(4)In any proceedings, the production of an identity card is evidence of the designation under subsection (1) of the inspector to whom the card relates.
(5)Subsections (2) to (4) apply in relation to a designated authorised officer in the same way they apply in relation to an inspector, and for that purpose a reference in subsections (2) to (4) to an inspector is taken to be a reference to a designated authorised officer.
10.Obtaining information by notice in writing to determine applications and matters
(1)In this section —
information includes documents, records and evidence.
(2)This section applies if the Director has reasonable grounds to believe a person has information that may assist the Director to determine an application or matter.
(3)The Director may, by notice in writing, require the person to —
(a)give the Director the information specified in the notice within the period specified in the notice; or
(b)appear before the Director, at a time and place specified in the notice, to give the information or answer questions.
(4)The Director may, by notice in writing, require the information to be given —
(a)by statutory declaration; or
(b)on oath or affirmation.
(5)A person given a notice under this section must not, without reasonable excuse, fail to comply with the notice.
Penalty for this subsection: $15 000.
(6)If a person is given a notice under this section —
(a)the person cannot fail to comply with the notice on the ground that the information or answer may tend to incriminate the person or render the person liable to any penalty; but
(b)if the person is an individual — the information or answer given by the person is not admissible in evidence against the person in any criminal proceedings other than proceedings for perjury or for an offence of providing false or misleading information, or of making a false or misleading statement, under this Act (including proceedings for an offence under section 159(1)).
11.Hearings not required to determine applications and matters
(1)The Director may determine an application or matter without conducting a hearing.
(2)If the Director chooses to conduct a hearing, the procedures in connection with the hearing are, to the extent not provided for under this Act, as determined by the Director.
The Director may approve forms for use under this Act.
13.Waiver or modification of procedural requirements
The Director may —
(a)waive or modify a requirement to comply with a procedure relating to an application; and
(b)impose conditions in relation to the waiver or modification.
14.Enforcing monetary penalties
(1)The Fines, Penalties and Infringement Notices Enforcement Act 1994 Part 4 applies to a monetary penalty imposed by the Director under section 64(7)(b) or 99(7) as if the amount of the penalty were a fine.
(2)However, neither of the following may be issued under that Part in respect of the amount —
(a)a work and development order;
(b)a warrant of commitment.
15.Director to be informed of convictions
The registrar of a court in which a person is a convicted of an offence against this Act must, as soon as practicable after the conviction, give the Director notice in writing of the conviction.
(1)An action in tort does not lie against a person for anything that the person has done, in good faith, in the performance or purported performance of a function under this Act.
(2)The State is not relieved of any liability it might have for another person having done anything as described in subsection (1).
(3)In this section, a reference to the doing of anything includes a reference to an omission to do anything.
17.Confidential police information
(1)For the purposes of this section and sections 18 and 19, the Commissioner of Police may classify any information or document held by the Commissioner of Police as confidential.
(2)The Commissioner of Police may, for the purposes of subsection (3)(f), authorise a person as a person to whom confidential police information may be disclosed.
(3)Despite any other provision of this Act, the Director and the Tribunal must not publish confidential police information or disclose confidential police information to any person except the following —
(a)a court;
(b)the Minister;
(c)the Parliamentary Commissioner for Administrative Investigations appointed under the Parliamentary Commissioner Act 1971;
(d)the Corruption and Crime Commission established under the Corruption, Crime and Misconduct Act 2003;
(e)the Parliamentary Inspector of the Corruption and Crime Commission appointed under the Corruption, Crime and Misconduct Act 2003;
(f)a person to whom the Commissioner of Police authorises disclosure of the confidential police information under subsection (2).
(4)The Commissioner of Police must not delegate a function under this section except to —
(a)a Deputy Commissioner of Police; or
(b)an Assistant Commissioner of Police.
18.Maintaining confidentiality of police information in relation to applications and complaints
(1)If the Commissioner of Police makes an objection to an application solely or partly on the basis of confidential police information, the Director must give the applicant written notice that the Commissioner of Police has made an objection to the application on the ground that the grant of the application would not be in the public interest.
(2)The Director must give the notice at least 7 days before the Director determines the application.
(3)If the Director or the Commissioner of Police lodges a complaint under section 95 in respect of a person solely or partly on the basis of confidential police information, the complaint need only state that it would not be in the public interest if the person were to be or continue to be licensed or approved, as the case may be.
(4)In determining an application, the Director, the Tribunal or a court —
(a)must, on the application of the Commissioner of Police, take all reasonable steps to maintain the confidentiality of confidential police information, including steps —
(i)to receive evidence and hear argument about confidential police information in private and in the absence of any person (including the applicant and any person who makes an objection to, or an official submission about, the application) other than the Director or the Commissioner of Police or their representatives; and
(ii)to prohibit the publication of evidence about confidential police information;
and
(b)may take evidence consisting of, or relating to, confidential police information by affidavit of a police officer of or above the rank of Superintendent.
19.Decisions based on confidential police information
(1)This section applies to each of the following decisions if the decision is made solely or partly on the basis of confidential police information —
(a)a decision to refuse an application for a licence;
(b)a decision to refuse an application for approval of the transfer of a licence;
(c)a decision under section 33(5) not to approve a person’s occupation of a position of authority in a body corporate;
(d)a decision under section 35A(3) not to approve the appointment of a person as a trustee;
(e)a decision under section 102B(1) not to approve a natural person as —
(i)an approved unrestricted manager; or
(ii)an approved restricted manager;
(f)a decision under section 102F(2)(a) or (b) to revoke or suspend a manager’s approval;
(g)a decision under Part 5A to make or vary a prohibition order in respect of a person;
(h)a decision under Part 3 Division 13 to take disciplinary action against a person.
(2)The Director and the Tribunal are not required to give reasons for the decision other than that the decision is made in the public interest.
Delete section 31(5).
In section 32(3)(b) delete “licensee, unless the Commission otherwise orders.” and insert:
licensee.
(1)In section 33(1) delete “Subject to this Act, the licensing authority has an absolute discretion to” and insert:
The Director may
(2)Delete section 33(3).
(3)Delete section 33(6)(d) and (7)(d) and insert:
(d)any official submission made under Division 7A Subdivision 3 (other than under section 76F),
Delete section 38(6).
(1)In section 49(1) delete “Subject to this section, the licensing authority shall not grant” and insert:
The Director must refuse an application for the grant of
(2)In section 49(2)(a) delete “adjourn the hearing” and insert:
postpone determination
In section 62(1) delete “if, at the date of the final hearing of that application,” and insert:
if
(1)In section 65A(1) delete the definition of applicable day.
(2)In section 65A(2) delete “after the applicable day”.
(3)Delete section 65A(4) and insert:
(4)If, in proceedings under section 95, the Tribunal is satisfied that there has been a breach of the condition referred to in subsection (2), the Tribunal —
(a)if construction of the petrol station started before 30 June 2000 — may exercise any of the powers specified in section 96; and
(b)if construction of the petrol station started on or after 30 June 2000 — must cancel the licence.
78.Sections 65C to 65E inserted
At the beginning of Part 3 Division 7 insert:
In this Division and Division 7A —
application, unless used in reference to a specific kind of application (such as an application for a specific kind of licence), means any application to the Director under —
(a)this Part; or
(b)Part 4 (other than section 126A).
(1)An application must be in the approved form.
(2)Without limiting section 13, the Director may waive or modify the requirement in subsection (1).
(3)An application must be accompanied by —
(a)the prescribed fee; and
(b)the documents specified in subsection (4).
(4)For the purposes of subsection (3)(b), the documents are as follows —
(a)the plans and specifications, if any, required by section 66 or otherwise prescribed or required;
(b)records, complying with any prescribed requirements, verifying the background, creditworthiness and reputation of —
(i)the applicant; or
(ii)if relevant, the person of whose appointment under section 33(5) or 35A(3) approval is sought;
(c)any consent required under section 76J;
(d)any other documents or information required by the Director.
65E.Licence applications to be made by proposed licensee
An application for the grant of a licence may be made only by, or on behalf of, the person or persons proposing to carry on business under the licence after it is granted.
Delete sections 67 to 76 and insert:
67.Applications for occasional licences and extended trading permits
(1)An application for an occasional licence or an extended trading permit must be made at least 14 days (or, if the regulations prescribe a different period, that period) before the licence or permit is to take effect.
(2)Without limiting section 13, the Director may waive or modify the requirement in subsection (1).
(3)The regulations may prescribe other requirements for making the application.
(4)An application for the grant of an occasional licence does not need to be accompanied by the documents specified in section 65D(4)(b) or (c) unless required by the Director.
68.Advertisement of applications
(1)The Director —
(a)may require an application to be advertised in the manner specified by the Director; and
(b)if the Director does so, must give the applicant sufficient directions to enable the application to be advertised in accordance with the requirement.
(2)Without limiting subsection (1)(b), the Director must specify the period for which the application must be advertised.
(3)An application that is required by the Director to be advertised is an advertised application.
(4)The end of the period for which an advertised application must be advertised is the submission deadline for the application.
(5)A person may, before the submission deadline, inspect an application and its accompanying documents free of charge at the office of the Director.
80.Part 3 Divisions 7A and 7B inserted
Before section 77 insert:
Division 7A — Submissions about applications
(1)A submission is a submission made to the Director about an application.
(2)The following 3 types of submission may be made —
(a)objections;
(b)official submissions;
(c)general submissions.
(3)A single submission may, if it meets the definition of both, be both —
(a)an objection; and
(b)an official submission.
70.Director may provide information to officials to enable objections and official submissions
The Director may provide an application, or information relating to an application, to an official to enable the official to —
(a)make an objection to the application; or
(b)make an official submission (other than under section 76F) about the application.
71.Submissions to be in approved form
(1)A submission about an application must be in the approved form.
(2)Without limiting section 13, the Director may waive or modify the requirement in subsection (1).
(1)In determining an application, the Director must consider the following submissions —
(a)an official submission, or an objection made by an official, even if made about an advertised application after its submission deadline;
(b)an objection of a kind referred to in section 73(2) to (4), even if made about an advertised application after its submission deadline;
(c)a submission made about an advertised application before its submission deadline.
(2)The Director may, but need not, consider any other submission.
(3)If the Director considers a submission, the Director must —
(a)give the applicant a copy of the submission; and
(b)invite the applicant to respond to the submission within the period specified by the Director; and
(c)consider any response made by the applicant within the specified period.
(4)Nothing in subsection (3)(a) requires or authorises the Director to disclose confidential police information.
(1)An objection is a submission stating that the grant of an application —
(a)would not be in the public interest; or
(b)would cause undue harm or ill‑health to people, or any group of people, due to the consumption of liquor; or
(c)would be likely to result in undue offence, annoyance, disturbance or inconvenience —
(i)to persons who reside or work in the vicinity of the licensed premises or proposed licensed premises; or
(ii)to persons in, or travelling to or from, an existing or proposed place of public worship, hospital or school;
or
(d)would result in the amenity, quiet or good order of the locality of the licensed premises or proposed licensed premises being reduced in some other way; or
(e)would otherwise be contrary to this Act.
(2)A submission by a lessee or mortgagee of licensed premises stating that the interest of the lessee or mortgagee may be prejudicially affected if an application for the removal of the licence from the premises were granted is also an objection.
(3)A submission by an owner or lessor of licensed premises, or of premises in respect of which a licence is sought, about an application is also an objection if the submission states that the consent of the owner or lessor to the application —
(a)is required by a term of a lease relating to the premises; and
(b)has not been obtained in accordance with the lease.
(4)A submission by an owner or lessor of licensed premises about an application for approval of alterations to the premises is also an objection if the submission states that —
(a)the licensee has agreed in writing that the consent of the lessor is required for the application; and
(b)the consent has not been obtained.
(5)A submission specified in subsection (3) or (4) is an objection whether the interest of the applicant or licensee in the premises derives from —
(a)the lessor directly; or
(b)a sublessor.
(1)The following persons may make an objection to an application —
(a)an official;
(b)a person whose objection is of a kind referred to in section 73(2) to (4);
(c)in the case of an advertised application –– any person, but only if the person’s objection is of a kind referred to in section 73(1).
(2)Only a lessee or mortgagee of licensed premises may make an objection of a kind referred to in section 73(2).
(3)Only an owner or lessor of licensed premises, or of premises in respect of which a licence is sought, may make an objection of a kind referred to in section 73(3).
(4)Only an owner or lessor of licensed premises may make an objection of a kind referred to in section 73(4).
(5)An objection may be made on behalf of an unincorporated body of persons by an agent properly appointed for the purpose.
75.Requirements for objections
(1)If an objection states that the grant of an application would not be in the public interest —
(a)the objection must set out the reasons the person making the objection considers the objection can be made out; and
(b)the Director may require either or both of the following —
(i)that the person making the objection provide further particulars of the matters to which the objection relates;
(ii)that notice of any facts or grounds alleged, or argument made, in the objection, or other information relating to the objection, be given to the applicant in a particular manner.
(2)The Director may require a person who makes an objection to an application to verify, on oath or affirmation or by statutory declaration —
(a)whether the person has any direct or indirect pecuniary interest in the refusal of the application, or any expectation of such an interest; or
(b)whether any person other than the person who makes the objection is interested in the making of the objection and, if so —
(i)the name of each such person; and
(ii)if the person is a proprietary company, the names of its directors and principal shareholders;
or
(c)any other matter required by the Director.
Subdivision 3 — Official submissions
76.What are official submissions
An official submission is a submission permitted to be made under this Subdivision.
A person who may make an official submission is an official.
(1)The Commissioner of Police may make a submission about —
(a)whether or not a person is a fit and proper person; or
(b)whether public disorder or disturbance would be likely to result if a particular application were granted; or
(c)the interest that a person may have in a licence; or
(d)any other matter relevant to the public interest.
(2)The Commissioner of Police —
(a)may investigate or inquire into the background and antecedents of an applicant or an interested person; and
(b)must, if required to do so by the Director, report to the Director about —
(i)the background, antecedents, character and reputation of an applicant or an interested person; and
(ii)any disqualification under this Act or the Liquor Act 1970 that may relate to an applicant or an interested person.
(3)A report under subsection (2)(b) is taken to be an official submission by the Commissioner of Police (in addition to any submission made under subsection (1)).
76C.Local government submissions
A local government of the district in which licensed premises are, or proposed licensed premises would be, situated may make a submission about —
(a)whether the premises are suitable to be, or to continue to be, licensed or the subject of a permit; and
(b)whether a proposed alteration to, or redefinition of, the premises should be approved; and
(c)whether persons who reside, work or worship in the vicinity of the premises would be likely to suffer undue offence, annoyance, disturbance or inconvenience if a particular application were granted; and
(d)the requirements of the following, to the extent the requirements are relevant to the application —
(i)the Health (Miscellaneous Provisions) Act 1911;
(ii)the Food Act 2008;
(iii)a written law relating to sewerage or drainage;
(iv)the Local Government Act 1995 or the Building Act 2011, in so far as those Acts relate to health matters.
The chief executive officer appointed under the Western Australian Tourism Commission Act 1983 section 17 may make a submission about —
(a)whether any tourism benefits might result if a particular application were granted; and
(b)any other matter relevant to the proper development of the tourism industry in the State.
(1)The Chief Health Officer may make a submission about —
(a)the harm or ill‑health caused to people, or any group of people, due to the use of liquor; and
(b)the minimisation of that harm or ill‑health.
(2)The Chief Health Officer may authorise a person in writing to make a submission on behalf of the Chief Health Officer only if the person is —
(a)a medical practitioner who is registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession; and
(b)employed or engaged in the department principally assisting the Minister in the administration of the Health (Miscellaneous Provisions) Act 1911.
76F.Submissions about club licence applications
An interested person may make a submission about an application relating to a club licence, to the extent relevant to the application, in respect of the following matters —
(a)the hours during which the sale of liquor should be authorised under the licence;
(b)the conditions to which the licence should be subject;
(c)whether an existing condition of the licence should be varied or cancelled;
(d)the removal of the licence;
(e)the conduct and management of the club.
Subdivision 4 — General submissions
76G.What are general submissions
(1)A general submission is a submission that is not —
(a)an objection; or
(b)an official submission.
(2)A general submission may, but need not, support or oppose an application.
76H.Who may make general submissions
Any person may make a general submission.
76I.Dealing with general submissions
The Director may, but need not, acknowledge receipt of a general submission.
Division 7B — Alteration and redefinition of premises
76J.Consent to alteration or redefinition of licensed premises
(1)The Director must refuse an application for approval of a proposed alteration to, or redefinition of, licensed premises unless the applicant satisfies the Director that the following persons have consented to the application —
(a)the owner of the premises;
(b)if the premises are occupied under a lease — the lessor of the premises.
(2)The Director may waive a requirement under subsection (1) if the Director considers that —
(a)a consent has been capriciously or unreasonably withheld; or
(b)it is in the public interest to do so.
Delete section 77(8) and (9).
In section 82(1) delete “licensing authority, appropriately constituted,” and insert:
Director
In section 88(2):
(a)in paragraph (a)(i) delete “any hearing relating to” and insert:
determination of
(b)delete paragraph (a)(ii) and insert:
(ii)if the application is an advertised application — 3 days before its submission deadline;
(c)delete “intervene in” and insert:
make a submission about
(1)Delete section 95(3).
(2)In section 95(4)(e)(iii) delete “summons,” and insert:
notice,
(3)Delete section 95(10).
(4)Delete section 95(12).
In section 104(3)(a) delete “an interested person,” and insert:
a person interested in, or in the profits or proceeds of, the business conducted under the licence,
In section 115AA(4):
(a)in paragraph (b) delete “person; or” and insert:
person.
(b)delete paragraph (c).
Delete section 115AD.
(1)Delete section 116A(2) and insert:
(2)The register must —
(a)be in the approved form; and
(b)contain the prescribed information.
(2)Delete section 116A(3B).
(1)In section 117(3b) delete “of the proceedings under this section”.
(2)Delete section 117(6).
In section 126A(4) delete “does” and insert:
and 7A do
91.Part 5 Division 3 heading replaced
Delete the heading to Part 5 Division 3 and insert:
Division 3 — Tribunal orders for payment of money
Delete section 143(3) and (4).
Delete section 147 and insert:
147.Declaration and determination of financial advantage from contravention
(1)The Tribunal may, on application by the Director, make an order —
(a)declaring that a person has contravened —
(i)this Act; or
(ii)a condition of a licence or permit;
and
(b)declaring that the person has gained a financial advantage by the contravention; and
(c)determining the amount of the advantage.
(2)The amount of financial advantage determined by the Tribunal —
(a)is not limited to net profits only; and
(b)may be calculated by reference to revenue or gross turnover without any reduction for costs (such as stock or overheads) incurred, whether lawfully or unlawfully, in connection with gaining the advantage; and
(c)may be recovered from the person by the Director as a debt due to the Crown.
(3)This section applies whether or not the contravention referred to in subsection (1) is prosecuted as an offence.
In section 152NF(6)(a) delete “and, if section 152NH applies, explaining that the subject person may apply to the Commission for a review of the decision of the Commissioner to vary the order,”.
Delete section 152NH.
Delete section 152NV(2) and insert:
(2)Either of the following may vary an exclusion order so that the prohibition in the exclusion order on the subject person entering or remaining in all protected entertainment precincts applies only at times specified in the order —
(a)the Commissioner of Police under section 152NF(4)(a);
(b)the Director under section 152NR(2)(a).
In section 152NY(b)(iii) delete “quashed by the Commission under this Act.” and insert:
set aside by the Tribunal.
Delete section 152NZB.
Delete section 152NZH.
Delete section 152X.
After section 152YJ(3) insert:
(3A)If the Commissioner of Police decides to revoke the banned drinker order, the Commissioner must ensure information about the revocation is entered in the banned drinkers register.
Delete section 152YK.
Delete section 152YO(3).
(1)In section 152YT(2):
(a)delete paragraph (a);
(b)delete the note.
(2)Delete section 152YT(3) to (6).
Delete section 152YU(5) to (9) and insert:
(5)If the Director decides to extend the banned drinker order, the Director must ensure information about the extension is entered in the banned drinkers register.
Delete section 152YV(4) to (7) and insert:
(4)If a police officer decides to extend the banned drinker order, the Commissioner of Police must ensure information about the extension is entered in the banned drinkers register.
After section 152YW(4) insert:
(4A)If the Director decides to revoke the banned drinker order, the Director must ensure information about the revocation is entered in the banned drinkers register.
Delete section 152YX.
109.Part 5C Division 5 deleted
Delete Part 5C Division 5.
(1)In section 153(1):
(a)delete “person authorised by the Director under section 15, may examine, and shall” and insert:
designated authorised officer, may examine, and must
(b)delete paragraph (c) and insert:
(c)must appear before, and assist, the Director if so required by the Director.
(2)In section 153(2):
(a)delete “Where an inspector or other person authorised by the Director to do so” and insert:
If an inspector or a designated authorised officer
(b)in paragraph (b) delete “lodged” and insert:
made
In section 154(1) delete “on production of the certificate furnished under section 14 —” and insert:
or a designated authorised officer on production of their identity card —
(1)In section 159(1)(a) delete “application, objection” and insert:
application
(2)After section 159(1)(a) insert:
(aa)objection to an application; or
(1)In section 167(1) delete the definition of approved form.
(2)Delete section 167(9).
In section 168(2) delete “An officer of the licensing authority” and insert:
A person employed or engaged in the Department
(1)In section 172(1):
(a)in paragraph (h) delete “an officer of the licensing authority; or” and insert:
a person employed or engaged in the Department; or
(b)delete “contrary, and in this subsection a reference to a charge shall be construed as including a reference to an objection to be determined by the Commission.” and insert:
contrary.
(2)In section 172(6)(a) delete “the chairperson or any other member of the Commission, the Director or any other authorised officer, shall be” and insert:
the Director, or another authorised officer, is
(3)In section 172(8) delete “delegate of the Director under section 15” and insert:
person
(4)In section 172(13) delete “estimated” and insert:
determined
Before Part 7 insert:
172N.Term used: relevant person
In this Part —
relevant person, in relation to an application, means —
(a)an official who makes an official submission about, or an objection to, the application (even if after the submission deadline for an advertised application); or
(b)a person who makes an objection, of a kind referred to in section 73(2) to (4), to the application (even if after the submission deadline for an advertised application); or
(c)in the case of an advertised application –– a person who makes an objection, of a kind referred to in section 73(1), to the application before its submission deadline.
(1)A person aggrieved by a reviewable decision may apply to the Tribunal for a review of the decision.
(2)A reviewable decision is a decision of a kind specified in Schedule 3.
(3)A person aggrieved by a reviewable decision means —
(a)for a decision about an application —
(i)the applicant; and
(ii)a relevant person;
and
(b)for a decision about a licence, or a permit relating to a licence — the licensee (or, for a cancelled licence, former licensee); and
(c)for a decision about a barring notice, a prohibition order, an exclusion order or a banned drinker order —
(i)the person the subject of the notice or order; and
(ii)the Commissioner of Police;
and
(d)for a decision about an approval, interim authorisation or business continuity order — a person having or seeking the benefit of the approval, authorisation or order; and
(e)for a decision under section 89 in relation to a dispute — a party to the dispute.
172P.Time limit for review applications
(1)A person cannot apply for a review of a reviewable decision more than 1 month after —
(a)the day on which the decision‑maker gives the person written notice of —
(i)the decision; and
(ii)the right to have the decision reviewed by the Tribunal;
or
(b)if the notice does not include, or is not accompanied by, a written statement of the reasons for the decision — the day on which the decision‑maker provides the person with the written statement —
(i)on the decision‑maker’s own initiative; or
(ii)in response to a request by the person in accordance with the State Administrative Tribunal Act 2004 section 21.
(2)The Tribunal, on application by any applicant or on its own initiative, may extend the time fixed under subsection (1).
(3)The Tribunal may extend the time fixed under subsection (1) even if it expired before —
(a)an application for an extension was made; or
(b)the Tribunal on its own initiative considered extending the time.
172Q.Parties to review proceedings
(1)In this section —
review applicant means the person who applies for a review of a reviewable decision.
(2)The applicant (the original applicant) of an application on which a reviewable decision is made is a party to a proceeding for the review of the decision even if the original applicant is not the review applicant.
(3)A person who is (or, if an application were granted, would be) the subject of a prohibition order, an exclusion order or a banned drinker order is a party to a proceeding for the review of a reviewable decision about the order even if the person is not the review applicant.
(4)The transferor of a licence is a party to a proceeding for the review of a decision by the Director to grant or refuse an application for approval of the transfer.
(5)An official who makes an official submission about, or an objection to, an application (even if after the submission deadline for an advertised application) on which a reviewable decision is made may intervene in a proceeding for the review of the decision.
(6)The Tribunal may give leave to any other relevant person to intervene in the proceeding.
(7)The Tribunal may order that a relevant person be joined as a party to a proceeding for the review of a reviewable decision.
(8)The Tribunal may consider submissions made to the Tribunal by a relevant person instead of —
(a)giving leave to intervene; or
(b)joining the person as a party.
(9)This section does not limit or otherwise affect the State Administrative Tribunal Act 2004 section 37 or 38.
The Tribunal must be constituted by 3 members for a review of a decision specified in —
(a)Schedule 3 clause 1(1)(a)(i) or (ii); or
(b)Schedule 3 Divisions 3 to 5.
172S.Tribunal not to consider new material when reviewing Director’s decisions
(1)In a review of a reviewable decision by the Director, the Tribunal may only consider material that was before the Director when the Director made the decision.
(2)Subsection (1) applies despite the State Administrative Tribunal Act 2004 section 27(1).
Delete section 175(1)(c).
118.Schedule 1F Division 1 heading inserted
At the beginning of Schedule 1F insert:
Division 1 — Transitional provisions relating to Liquor Control Amendment Act 2025 Part 2
119.Schedule 1F clause 1 amended
In Schedule 1F clause 1:
(a)in subclause (1) delete “Schedule — ” and insert:
Division —
(b)in subclause (2) delete “Schedule,” and insert:
Division,
120.Schedule 1F Division 2 inserted
At the end of Schedule 1F insert:
Division 2 — Transitional provisions relating to Liquor Control Amendment Act 2025 Part 3
In this Division —
new, in relation to a provision of this Act, means the provision as in force on Part 3 commencement day;
old, in relation to a provision of this Act, means the provision as in force immediately before Part 3 commencement day;
Part 3 commencement day means the day on which the Liquor Control Amendment Act 2025 sections 70, 116, 120 and 121 come into operation.
A person to whom a function of the Director was delegated under old section 15 is taken, on and from Part 3 commencement day, to have been delegated, subject to the same terms and conditions, the function under new section 7.
A person authorised to perform a function of the Director under old section 15 is taken, on and from Part 3 commencement day, to have been authorised, by an agreement under new section 8, to perform the function on behalf of the Director subject to the same terms and conditions.
9.Inspectors and identity documents
(1)A person who was an inspector under old section 14 is taken, on and from Part 3 commencement day, to be, subject to the same terms and conditions, an inspector under new section 9.
(2)A certificate of identity under old section 14(3) is taken, on and from Part 3 commencement day, to be, subject to the same terms and conditions, an identity card under new section 9.
10.Confidential police information
Information or documents classified as confidential police information under old section 30 are taken, on and from Part 3 commencement day, to be, subject to the same terms and conditions, confidential police information under new section 17.
11.References to old provisions taken to be references to corresponding new provisions
(1)A reference in a document under this Act to an old provision is taken, on and from Part 3 commencement day, to be a reference to the new provision that corresponds, or substantially corresponds, to the old provision.
(2)In subclause (1) —
document under this Act includes a document that is, or that is evidence of, an agreement, approval, authorisation, declaration, delegation, instrument, licence, notice, order, permit, record or return made under or for the purposes of this Act;
reference, to an old provision, includes a reference that, by a written law, is to be read, construed or treated as a reference to the old provision.
Subdivision 3 — Liquor Commission
12.Abolition of Liquor Commission and repeal of Liquor Commission Rules 2007
On Part 3 commencement day —
(a)the Liquor Commission is abolished and its members go out of office; and
(b)the Liquor Commission Rules 2007 are repealed.
13.Final annual report of Liquor Commission
(1)The Director must prepare a report (the final annual report) on the activities of the Liquor Commission during the period —
(a)starting on the day of 1 July most recently before Part 3 commencement day; and
(b)ending on Part 3 commencement day.
(2)The Liquor Commission (and, following its abolition, its former members) must provide the Director all reasonable assistance, and access to information, documents, accounts or records, to facilitate the Director’s preparation of the final annual report.
(3)The Director must submit the final annual report to the Minister within 3 months after Part 3 commencement day.
(4)The final annual report must include details of the number, nature and outcome of matters that were determined during the period referred to in subclause (1).
(5)The Minister must cause a copy of the final annual report to be laid before each House of Parliament within 28 days after submission of the report.
(6)Old section 9L applies, with any necessary modifications, to the final annual report.
Part 3 commencement day is the transfer day for the purposes of the State Administrative Tribunal Act 2004 section 167(4).
After Schedule 2 insert:
Schedule 3 — Reviewable decisions
[s. 172O(2)]
Division 1 — Reviewable decisions under Part 3 (Licences and permits)
1.Decisions about licences (other than occasional licences)
(1)A decision by the Director to —
(a)grant or refuse an application for —
(i)a licence; or
(ii)the removal of a licence; or
(iii)approval of the transfer of a licence;
or
(b)impose, vary or cancel a condition of a licence; or
(c)suspend a licence.
(2)In subclause (1) —
licence does not include an occasional licence.
2.Decisions about long‑term extended hours permits
(1)A decision by the Director to —
(a)grant or refuse an application for a long‑term extended hours permit; or
(b)impose, vary or cancel a condition of, or vary, a long‑term extended hours permit; or
(c)suspend a long‑term extended hours permit.
(2)In subclause (1) —
long‑term extended hours permit means an extended trading permit issued (or to be issued) —
(a)for the purposes referred to in section 60(4)(g); and
(b)for a specified period exceeding 3 weeks.
3.Decisions not to approve appointment of trustees of unincorporated bodies
A decision by the Director under section 35A(3) not to approve the appointment of a person as a trustee to hold a licence on behalf of an unincorporated body of persons.
4.Decisions to replace tavern restricted licence with small bar licence
A decision by the Director under section 41B(3) to —
(a)cancel a tavern restricted licence; and
(b)grant a small bar licence.
5.Decisions to replace special facility licence with another licence
A decision by the Director under section 46B(2) to —
(a)cancel a special facility licence; and
(b)grant a licence of another class (with or without an extended trading permit).
6.Decisions about conditional grants and removals of licences
A decision by the Director under section 62 relating to the conditional grant or removal of a licence.
7.Imposition of conditions and penalties following contravention of licence conditions
(1)A decision by the Director under section 64(7)(a), following the contravention of a condition of a licence, to impose a more restrictive condition in relation to the licence.
(2)A decision by the Director under section 64(7)(b), following the contravention of a condition of a licence, to impose on the licensee a monetary penalty.
8.Decisions about petrol stations and packaged liquor
A decision by the Director to refuse an application for an order under section 65A(3).
9.Decisions about alterations or redefinitions of licensed premises
A decision by the Director under section 77(4) to approve, or not to approve —
(a)a proposed alteration of licensed premises; or
(b)the redefinition of licensed premises.
10.Decisions about interim authorisations
(1)A decision by the Director under section 86 in relation to an interim authorisation.
(2)Without limiting subclause (1) —
(a)a decision by the Director under section 86(2)(b) or (c), (3)(b) or (c), (5) or (6) to approve, or not to approve, a person to carry on the business of a licensee;
(b)a decision by the Director under section 86(4)(b) to acknowledge that a disability will be regarded as a permanent disability;
(c)a decision by the Director under section 86(10) to deem a licence to have been suspended.
11.Decisions about business continuity orders
(1)A decision by the Director under section 87 in relation to a business continuity order.
(2)Without limiting subclause (1) —
(a)a decision by the Director to grant, or refuse to grant, a business continuity order;
(b)a decision by the Director to impose, vary or cancel a term or condition in relation to a business continuity order;
(c)a decision by the Director under section 87(6)(a) to suspend the operation of a licence;
(d)a decision by the Director under section 87(7) to cancel a business continuity order granted under section 87(1)(c).
12.Decisions in disputes about leases
(1)A decision by the Director under section 89(a) to suspend the operation of a licence.
(2)A decision by the Director under section 89(b) to grant a business continuity order.
Division 2 — Reviewable decisions under Part 4 (Conduct of business)
13.Decisions about managers’ approvals
(1)In this clause —
manager’s approval has the meaning given in section 102A.
(2)A decision by the Director under section 102B(1) not to approve a natural person as —
(a)an approved unrestricted manager; or
(b)an approved restricted manager.
(3)A decision by the Director under section 102C to impose or vary conditions on a manager’s approval.
(4)A decision by the Director under section 102D(1)(a) to specify a later day on which a manager’s approval takes effect.
(5)A decision by the Director under section 102D(2) not to renew a manager’s approval.
(6)A decision by the Director under section 102F(2) to revoke, suspend, or impose conditions on, a manager’s approval.
(7)A decision by the Director under section 102G to cancel a manager’s approval.
14.Decisions about approving profit sharing agreements and arrangements
A decision by the Director under section 104(3) not to approve an agreement or arrangement under which a person other than the licensee may participate in the proceeds of the business carried on under a licence.
15.Decisions about lodgers’ accommodation
A decision by the Director under section 105(3) not to approve a location at which a person who is accommodated is taken to be a lodger.
(1)A decision by the Director under section 106(1)(b) to approve the number of adult guests of a lodger at a time liquor is consumed.
(2)A decision by the Director under section 106(3) to impose a condition relating to adult guests of lodgers.
17.Decisions about barring notices
A decision by the Commissioner of Police under section 115AA(2) to give a person a barring notice in respect of licensed premises, but only if the barring notice has effect for —
(a)3 months or more; or
(b)a shorter period that, when added to the period of any barring notice previously given to the person in respect of the premises or premises of the particular class (as the case requires), results in the person being prohibited from those premises or that class of premises for a period of more than 3 months in any 12‑month period.
18.Determination of complaints about licensed premises
A decision by the Director under section 117 to —
(a)determine a matter referred to in a complaint (other than by dismissal under section 117(3b)); or
(b)make an order (including an interim order); or
(c)do anything referred to in section 117(5) otherwise than by an order.
Division 3 — Reviewable decisions under Part 5A (Prohibition orders)
19.Decisions about prohibition orders
(1)A decision by the Director under Part 5A relating to the making, variation or revocation of a prohibition order.
(2)Without limiting subclause (1) —
(a)a decision by the Director under section 152E(1)(a) to make a prohibition order;
(b)a decision by the Director under section 152E(1)(b) to refuse an application for a prohibition order;
(c)a decision by the Director under section 152E(4) to specify terms and conditions in a prohibition order;
(d)a decision by the Director under section 152J(1)(a) to vary or revoke a prohibition order;
(e)a decision by the Director under section 152J(1)(b) to refuse an application for the variation or revocation of a prohibition order.
Division 4 — Reviewable decisions under Part 5AA (Protected entertainment precincts)
20.Decisions about reviewable short‑term exclusion orders
(1)A decision by a police officer, or the Commissioner of Police, under Part 5AA Division 2 relating to the making or variation of, or the refusal of an application for the revocation of, a reviewable short‑term exclusion order, but only if the order is in effect.
(2)Without limiting subclause (1) —
(a)a decision by a police officer under section 152ND(1) to make a reviewable short‑term exclusion order, but only if the order is in effect;
(b)a decision by the Commissioner of Police under section 152NF(4)(a) (including a decision referred to in section 152NV(2)(a)) to vary a reviewable short‑term exclusion order on application, but only if the order is in effect;
(c)a decision by the Commissioner of Police under section 152NF(4)(b) to refuse an application for the variation or revocation of a reviewable short‑term exclusion order, but only if the order is in effect;
(d)a decision by the Commissioner of Police under section 152NF(5) to vary a reviewable short‑term exclusion order on the Commissioner’s own initiative, but only if the order is in effect.
(3)In subclauses (1) and (2) —
reviewable short‑term exclusion order, in respect of a person, means a short‑term exclusion order that has a duration of —
(a)3 months or more; or
(b)a shorter period that, when added to the period of any short‑term exclusion order previously made in respect of the person, results in the person being prohibited from entering or remaining in protected entertainment precincts for a period of 3 months or more in any 6‑month period.
21.Decisions about extended exclusion orders
(1)A decision by the Director under Part 5AA Division 3 relating to the making, variation or revocation of an extended exclusion order.
(2)Without limiting subclause (1) —
(a)a decision by the Director under section 152NM(1)(a) to make an extended exclusion order on application;
(b)a decision by the Director under section 152NM(1)(b) to refuse an application for an extended exclusion order;
(c)a decision by the Director under section 152NM(5) to specify terms and conditions in an extended exclusion order;
(d)a decision by the Director under section 152NR(2)(a) (including a decision referred to in section 152NV(2)(b)) to vary or revoke an extended exclusion order on application;
(e)a decision by the Director under section 152NR(2)(b) to refuse an application for the variation or revocation of an extended exclusion order;
(f)a decision by the Director under section 152NS(1) to vary or revoke an extended exclusion order on the Director’s own initiative.
Division 5 — Reviewable decisions under Part 5C (Banned drinkers)
22.Police decisions about banned drinker orders
(1)A decision by a police officer, or the Commissioner of Police, under Part 5C Division 2 or 4, relating to the making, extension or revocation of a banned drinker order.
(2)Without limiting subclause (1) —
(a)a decision by a police officer to make a banned drinker order under any of the following provisions —
(i)section 152YE(1);
(ii)section 152YF(1)(a);
(iii)section 152YF(2)(a);
(iv)section 152YF(3)(a);
(b)a decision by the Commissioner of Police under section 152YJ(1)(a) to refuse an application to revoke a banned drinker order;
(c)a decision by a police officer under section 152YV(1) to extend a banned drinker order.
23.Director’s decisions about banned drinker orders
(1)A decision by the Director under Part 5C Division 4 relating to the making, extension or revocation of a banned drinker order.
(2)Without limiting subclause (1) —
(a)a decision by the Director under section 152YR(2) to make a banned drinker order;
(b)a decision by the Director under section 152YR(3) to refuse an application for a banned drinker order;
(c)a decision by the Director under section 152YU(1)(a) to extend a banned drinker order on application;
(d)a decision by the Director under section 152YU(1)(b) to extend a banned drinker order on the Director’s own initiative;
(e)a decision by the Director under section 152YW(1)(a) to revoke a banned drinker order on application;
(f)a decision by the Director under section 152YW(1)(b) to revoke a banned drinker order on the Director’s own initiative.
122.Various references to “Commission” amended
In the provisions listed in the Table delete “Commission” (each occurrence) and insert:
Tribunal
Table
|
s. 95(1), (5a), (7) and (7a) |
s. 96(1), (3) and (4) |
|
s. 143(1) |
s. 152NX(2)(d) |
|
s. 164(1a) |
|
123.Various references to forms amended
Amend the provisions listed in the Table as set out in the Table.
Table
|
Provision |
Delete |
Insert |
|
s. 81(5)(a) s. 82(3)(a) s. 115AA(3) s. 116(5) s. 126A(1) s. 152B(1) s. 152G(1A)(a) s. 152NJ(2) s. 152NO(2)(a) s. 152NW s. 152YB(2) s. 152YQ(3)(a) s. 152YU(2)(a) s. 152YW(2)(a) |
a form approved by the Director |
the approved form |
|
s. 84(4)(b) |
such form as may be required by the Director |
the approved form |
|
s. 96(6)(a) s. 121(6) |
form approved by the Director |
approved form |
|
s. 115AA(8) |
is to be in a form approved by the Director |
must be in the approved form |
|
s. 119A(3)(a) |
a form approved by the licensing authority |
the approved form |
|
s. 146(2)(b) |
prepared in a form acceptable to the Director |
in the approved form |
|
s. 152W(2) |
form and manner approved by the Director |
approved form |
124.Various references to “licensing authority” amended
(1)In the provisions listed in the Table:
(a)delete “licensing authority” (each occurrence) and insert:
Director
(b)delete “licensing authority’s” (each occurrence) and insert:
Director’s
Table
|
s. 3(1) def. of licensed premises |
s. 5(2) and (3) |
|
s. 30A(1) |
s. 32(1)(b) |
|
s. 33(1), (2), (5), (6), (6a), (6D) and (7) |
s. 34(2) and (4) |
|
s. 36A(2) |
s. 36B(3) and (4) |
|
s. 37(1), (2A), (2), (3) and (5)(a) |
s. 37B(1), (4) and (7) |
|
s. 38(2), (3), (4) and (5) |
s. 39(1) and (3) |
|
s. 40(1), (2A) and (4) |
s. 41(4)(b), (6) and (7) |
|
s. 41B(1), (3) and (4) |
s. 43 |
|
s. 44(3) |
s. 45(1), (3) and (4) |
|
s. 46(1), (1a) and (2) |
s. 46A(1) |
|
s. 46B(1), (2) and (3) |
s. 49(1) and (2) |
|
s. 50(1a)(b)(i) |
s. 50A(1)(a) and (2) |
|
s. 53(1)(a)(vi) |
s. 57(2) |
|
s. 60(6), (7) and (8a) |
s. 61(1)(b) |
|
s. 61A(2)(a), (d) and (f) |
s. 62(2), (5), (6), (7), (8), (9) and (11) |
|
s. 62A(1) and (2) |
s. 62B(1) and (2) |
|
s. 63 |
s. 64(1), (1a), (1b) def. of liquor accord par. (a), (1C), (2a), (3) and (7) |
|
s. 65B(2) |
s. 66(2), (4), (5) and (6) |
|
s. 77(4), (5) and (10) |
s. 77A(3) |
|
s. 80(2)(a) |
s. 81(1), (3), (5)(a) and (6) |
|
s. 82(3)(a) |
s. 86(4)(b), (8) and (10) |
|
s. 87(1) and (2)(b)(ii) |
s. 97(1) |
|
s. 102(1) and (3)(a) and (b) |
s. 104(2) |
|
s. 106(3) |
s. 116(1)(c) |
|
s. 118(4) |
s. 119A(2) and (3)(c) |
|
s. 148(1)(b) |
s. 151 |
|
s. 153(2)(a) and (b) |
s. 155(1)(d) |
|
s. 156(3) |
s. 158(1)(a) and (b) |
|
s. 159(1)(a) |
s. 172(3), (4), (6)(c), (8), (10) and (14) |
|
s. 175(1)(b) and (cc) |
|
(2)In section 178(1)(a) delete “licensing authority; and” and insert:
Director and the Tribunal; and
125.Various references to “it” amended
Amend the provisions listed in the Table as set out in the Table.
Table
|
Provision |
Delete |
Insert |
|
s. 5(2) and (3) s. 62(8) s. 63 s. 64(1) and (1a)(a) |
its |
the Director’s |
|
s. 39(3) s. 40(4) |
it is satisfied |
the Director is satisfied |
|
s. 41(7) |
it may |
the Director may |
|
s. 41B(3) and (4) s. 46B(2) and (3) s. 60(6) |
its own |
the Director’s own |
|
s. 62(7), (9) and (11) s. 62A(1)(b) s. 62B(1)(b) s. 64(3) s. 81(1) |
it (each occurrence) |
the Director |
Note: The headings to the amended sections listed in the Table are to read as set out in the Table.
Table
|
Amended section |
Section heading |
|
s. 30A |
Licences to sell liquor: grant and nature |
|
s. 33 |
Director’s powers when deciding applications |
|
s. 37B |
Fingerprints and palm prints may be required |
|
s. 41 |
Hotel licence: kinds, effect and conditions |
|
s. 43 |
Nightclub licence: requirements |
|
s. 45 |
Casino liquor licence: requirements |
|
s. 46 |
Special facility licence: requirements |
|
s. 46A |
Special facility licence: restrictions on variation |
|
s. 50 |
Restaurant licence: effect and conditions |
|
s. 53 |
Restaurant licence and extended trading permit: conditions restricting sale of liquor ancillary to meals |
|
s. 57 |
Producer’s licence: requirements |
|
s. 61 |
Extended trading permit for extended area: requirements |
|
s. 65B |
Regulations prescribing conditions about promoting liquor |
|
s. 66 |
Plans and specifications of premises: requirements |
|
s. 104 |
Sharing profits or proceeds prohibited without approval |
|
s. 151 |
Director may assist other authorities |
|
s. 152YT |
Copy and registration of banned drinker order |
|
s. 155 |
Police powers |
|
s. 158 |
Failure to comply with Director’s requirements: offence |
Part 4 — Liquor Control Amendment (Banned Drinkers Register) Act 2023 amended
This Part amends the Liquor Control Amendment (Banned Drinkers Register) Act 2023.
Delete section 2(c).
Delete Part 2 Division 3.
Delete section 34.
Division 1 — Constitution Acts Amendment Act 1899 amended
This Division amends the Constitution Acts Amendment Act 1899.
In Schedule V Part 3 delete “The Liquor Commission established under the Liquor Control Act 1988.”.
Division 2 — Parliamentary Commissioner Act 1971 amended
This Division amends the Parliamentary Commissioner Act 1971.
Delete section 13(2)(h).
Division 3 — Public Trustee Act 1941 amended
This Division amends the Public Trustee Act 1941.
In section 15:
(a)delete “Licensing Act 1911,” and insert:
Liquor Control Act 1988,
(b)delete “Licensing Court,” and insert:
Director of Liquor Licensing (as defined in section 3(1) of that Act),
© State of Western Australia 2025. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2025. By Authority: ROGER JACOBS, Acting Government Printer