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LIQUOR AMENDMENT REGULATION 2011 (NO 2) (NO 29 OF 2011)
2011
LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL
TERRITORY
LIQUOR AMENDMENT REGULATION 2011 (No
2)
SL2011 - 29
EXPLANATORY STATEMENT
Presented by
Attorney General
Simon
Corbell MLA
LIQUOR AMENDMENT REGULATION 2011 (No
2)
SL2011 - 29
Overview
The Liquor Act 2010 regulates the sale, supply, promotion and
consumption of liquor in a way that minimises harm associated with the
consumption of liquor, and takes into account the safety of the community. The
Liquor Act 2010 replaced the Liquor Act 1975.
This
regulation amends the Liquor Regulation 2010 and makes consequential
amendments as a result of the Liquor (Fees) Determination 2011.
On
18 November 2010, a disallowance motion on the Liquor (Fees) Determination
2010 was debated in the Legislative Assembly. The Assembly resolved that the
Government undertake a review of the liquor licensing fees and report back to
the Assembly by 1 October 2011. The Assembly also resolved that the Attorney
General in making any new fee determination take into account the results of the
review.
The Attorney General tabled the Final Report on the Review of
Liquor Fees on 22 September 2011. The Report recommended that the
Government consider an adjustment to the liquor fees to reflect the lower risk
of harm from small to medium sized businesses.
This regulation makes
amendments to the Liquor Regulation 2010 to reflect the new licensed
trading hours for on licensees and permit holders, as set out in the Liquor
(Fees) Determination 2011.
With the removal of the outdated $100,000
threshold used to determine liquor licensing fees, a consequential amendment has
been made to section 1.19 of the Liquor Regulation 2010 to remove the
requirement for on licensees to report details of liquor purchases to the
Commissioner for Fair Trading not later than one month after the end of each
financial year.
The regulation makes another consequential amendment to
section 1.20 of the Liquor Regulation 2010 to permit the Commissioner for
Fair Trading to access liquor data provided to the Chief Health Officer. Access
to this information will facilitate the regulatory, enforcement and monitoring
functions of the Commissioner for Fair Trading under the liquor legislation when
assessing liquor licence applications and renewals.
The regulation is
made under the general regulation-making power in section 229 of the Liquor
Act 2010.
This section names the regulation as the Liquor Amendment
Regulation 2011 (No 2)
Section 2
Commencement
This section explains that the regulation will
commence on the day after it is notified on the ACT Legislation Register.
Section 3 Legislation amended
This section cites the
regulation which is being amended.
This section replaces definitions used in section 32 of the Liquor
Regulation 2010 with new definitions consistent with the new licensed
trading times.
This section substitutes the former licensed and permitted times in
section 33(2) of the Liquor Regulation 2010 with the new kinds of
licensed or permitted times for the sale and supply of liquor in the ACT.
This is a consequential amendment which removes the requirement for an on
licensee to provide an annual purchase report to the Commissioner for Fair
Trading one month after the end of each financial year. The Liquor Fees
Determination 2011 no longer requires this information because the outdated
$100,000 threshold used to determine liquor fees in the past has been removed.
The new liquor licensing fees are now determined based on a number of risk
factors as set out in section 229(2) of the Liquor Act 2010.
The
amendment also makes provision for dealing with renewal fees for off licensees
who are granted an off licence for the first time, to allow the Commissioner for
Fair Trading to assess their renewal fee for the following year.
Section 7 Schedule 1, section 1.20 (1)
This section
permits the Commissioner for Fair Trading to access the liquor data reported to
the Chief Health Officer under section 1.20 of the Liquor Regulation
2010. This is a consequential amendment arising from the removal of the
reporting requirement by on licensees under section 1.19 of the Liquor
Regulation 2010. Access to this information by the Commissioner for Fair
Trading will facilitate proper regulatory, enforcement and monitoring functions
of the Commissioner when assessing licensing and renewal applications.
Section 8 Schedule 2
This section substitutes new licensed
trading times for liquor licences and permits.