2010
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Liquor (Consequential Amendments) Bill 2010

Contents
	Page

	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Schedule 1	Consequential amendments	3
Part 1.1	Associations Incorporation Regulation 1991	3
Part 1.2	Boxing Control Act 1993	3
Part 1.3	Building (General) Regulation 2008	4
Part 1.4	Children and Young People Act 2008	5
Part 1.5	Crimes Act 1900	5
Part 1.6	Dangerous Substances (Explosives) Regulation 2004	5
Part 1.7	Dangerous Substances (General) Regulation 2004	6
Part 1.8	Discrimination Act 1991	6
Part 1.9	Electoral Act 1992	6
Part 1.10	Exhibition Park Corporation Act 1976	7
Part 1.11	Fair Trading (Consumer Affairs) Act 1973	7
Part 1.12	Gaming Machine Act 2004	8
Part 1.13	Liquor Act 2010	9
Part 1.14	Medicines, Poisons and Therapeutic Goods Regulation 2008	25
Part 1.15	Planning and Development Regulation 2008	26
Part 1.16	Road Transport (Alcohol and Drugs) Act 1977	26
Part 1.17	Road Transport (Driver Licensing) Act 1999	27
Part 1.18	Road Transport (Driver Licensing) Regulation 2000	27
Part 1.19	Road Transport (Public Passenger Services) Regulation 2002	28
Part 1.20	Second-hand Dealers Regulation 2002	28
Part 1.21	Security Industry Regulation 2003	28
Part 1.22	Tobacco Act 1927	29
Part 1.23	Trustee Act 1925	29
Schedule 2	Consequential amendments related to the Smoking (Prohibition in Enclosed Public Places) Amendment Act 2009	30
Part 2.1	Liquor Act 2010	30
Part 2.2	Smoke-Free Public Places Act 2003	32

2010
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Liquor (Consequential Amendments) Bill 2010

A Bill for
An Act to amend legislation because of the enactment of the Liquor Act 2010, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Liquor (Consequential Amendments) Act 2010.
2	Commencement
	(1)	Schedule 1, amendment 1.19 commences on the day after this Act’s notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
	(2)	Schedule 1, amendment 1.43 commences on the commencement of the Personal Property Securities Act 2010, schedule 1, amendment 1.1.
	(3)	Schedule 2 commences on the commencement of the Smoking (Prohibition in Enclosed Public Places) Amendment Act 2009, schedule 1, part 1.2 (Liquor Act 1975).
	(4)	The remaining provisions commence on the commencement of the Liquor Act 2010, section 3.
3	Legislation amended—schs 1 and 2
This Act amends the legislation mentioned in schedule 1 and schedule 2.

Schedule 1	Consequential amendments
(see s 3)
Part 1.1	Associations Incorporation Regulation 1991
[1.1]	Section 12 (3) (b)
omit
Liquor Act 1975
substitute
Liquor Act 2010
Part 1.2	Boxing Control Act 1993
[1.2]	Section 8 (4) (f)
substitute
	(f)	if the contest is to be conducted on licensed premises or permitted premises—conditions about the age of the contestants.
Note	Licensed premises and permitted premises—see s (9).
[1.3]	New section 8 (9)
insert
	(9)	In this section:
licensed premises—see the Liquor Act 2010, dictionary.
permitted premises—see the Liquor Act 2010, dictionary.
Part 1.3	Building (General) Regulation 2008
[1.4]	Section 22 (2) (b)
substitute
	(b)	if it is proposed that the new building, or new part of the building, is to be used as licensed premises—consultation with the commissioner for fair trading in relation to—
	(i)	occupancy loading for public areas at the premises; and
	(ii)	kitchen facilities at the premises; and
	(iii)	liquor serving counters at the premises; and
	(iv)	toilet facilities and toilet rooms at the premises;
	(ba)	if it is proposed that the new building, or new part of the building, is to be used as permitted premises—consultation with the commissioner for fair trading in relation to occupancy loading for public areas at the premises;
[1.5]	Section 22 (6), new definitions
insert
licensed premises—see the Liquor Act 2010, dictionary.
liquor serving counter, at premises—see the Liquor Regulation 2010, dictionary.
occupancy loading, for a public area at licensed premises or permitted premises—see the Liquor Act 2010, dictionary.
permitted premises—see the Liquor Act 2010, dictionary.
toilet facility—see the Liquor Regulation 2010, schedule 1, section 1.1.
toilet room—see the Liquor Regulation 2010, schedule 1, section 1.1.
Part 1.4	Children and Young People Act 2008
[1.6]	Section 877 (4), definition of document of identification, paragraph (a) (ii)
omit
Liquor Act 1975
substitute
Liquor Act 2010
Part 1.5	Crimes Act 1900
[1.7]	Section 252F (3) (c)
omit
Part 1.6	Dangerous Substances (Explosives) Regulation 2004
[1.8]	Dictionary, definition of identification papers, example
omit
under the Liquor Act 1975, s 175
substitute
issued under the Liquor Act 2010, s 210
Part 1.7	Dangerous Substances (General) Regulation 2004
[1.9]	Dictionary, definition of identification papers, example
omit
under the Liquor Act 1975, section 175
substitute
issued under the Liquor Act 2010, s 210
Part 1.8	Discrimination Act 1991
[1.10]	Dictionary, definition of club
substitute
club means a club that holds a club licence.
club licence—see the Liquor Act 2010, section 20.
Part 1.9	Electoral Act 1992
[1.11]	Section 232 (4) (a)
omit
Liquor Act 1975
substitute
Liquor Act 2010
Part 1.10	Exhibition Park Corporation Act 1976
[1.12]	Section 13 (2) (a)
omit
within the meaning of the Liquor Act 1975
[1.13]	New section 13 (4)
insert
	(4)	In this section:
liquor—see the Liquor Act 2010, section 11.
Part 1.11	Fair Trading (Consumer Affairs) Act 1973
[1.14]	Section 8 (2), definition of consumer and trader legislation, paragraph (c)
substitute
	(c)	the Liquor Act 2010;
Part 1.12	Gaming Machine Act 2004
[1.15]	Section 63
substitute
63	Suspension of licences because of suspension of general and on licences
	(1)	This section applies if—
	(a)	a gaming machine licence is in force for premises; and
	(b)	a general licence or on licence is also in force for the premises.
	(2)	If the general licence or on licence is suspended, the gaming machine licence is also suspended for the period of suspension of the general licence or on licence.
Note	A general licence or on licence may be suspended under the Liquor Act 2010 or the ACT Civil and Administrative Tribunal Act 2008.
[1.16]	Section 64
substitute
64	Cancellation of licences because of cancellation etc of general and on licences
	(1)	This section applies if—
	(a)	a gaming machine licence is in force for premises; and
	(b)	a general licence or on licence is also in force for the premises.
	(2)	If the general licence or on licence is not renewed under the Liquor Act 2010, the gaming machine licence is cancelled.
	(3)	If the general licence or on licence is cancelled, the gaming machine licence is also cancelled.
Note	A general licence or on licence may be cancelled under the ACT Civil and Administrative Tribunal Act 2008.
	(4)	However, a gaming machine licence cancelled under this section is taken to be in force again if the decision to cancel the general licence or on licence is reversed on appeal.
[1.17]	Dictionary, definition of general licence and note
substitute
general licence—see the Liquor Act 2010, section 17.
[1.18]	Dictionary, definition of on licence and note
substitute
on licence—see the Liquor Act 2010, section 18.
Note	Subclasses of on licences are dealt with in the Liquor Act 2010, div 2.2.
Part 1.13	Liquor Act 2010
[1.19]	Section 2
substitute
2	Commencement
	(1)	Division 8.1 (Responsible service of alcohol) commences 12 months after this Act’s notification day.
	(2)	Part 12 (Responsible service of alcohol (RSA) training courses) commences 6 months after this Act’s notification day.
	(3)	The remaining provisions commence on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
[1.20]	Section 25 (2) (f) and notes
substitute
	(f)	if the application is for a licence that authorises the licensee to sell liquor in open containers for consumption at the licensed premises—include a risk‑assessment management plan for the premises.
Note 1	A general licence, on licence, club licence or special licence may authorise the sale of liquor in open containers for consumption at the licensed premises—see div 2.1.
Note 2	Risk‑assessment management plan, for licensed premises or permitted premises—see s 88.
Note 3	Giving false or misleading information is an offence against the Criminal Code, s 338.
Note 4	If a form is approved under s 228 for this provision, the form must be used.
Note 5	A fee may be determined under s 227 for this provision.
[1.21]	Section 39 (1), new notes
insert
Note 1	If a form is approved under s 228 for an application, the form must be used.
Note 2	A fee may be determined under s 227 for this provision.
[1.22]	Section 50 (2) (c)
substitute
	(c)	if the premises are wholly or partly enclosed, include the following documents (if applicable in relation to the premises):
	(i)	an ACTPLA certificate for the premises dated not earlier than 3 months before the date of the application; 
	(ii)	the final floor plans of the premises approved by the planning and land authority in the development approval for the premises; 
	(iii)	a certificate of occupancy for the premises; and
[1.23]	Section 55 (2) (b)
omit
licence
substitute
permit
[1.24]	Section 78, definition of suitability information, new note
insert
Note 2	The commissioner must consider suitability of premises when deciding to issue, amend or renew a licence or permit.
[1.25]	Section 84, example
substitute
Example
an outdoor dining area
[1.26]	Section 90 (2)
substitute
	(2)	If the commissioner decides to approve a risk-assessment management plan for licensed premises or permitted premises, the commissioner must give the licensee or permit-holder written notice that the plan has been approved.
[1.27]	Section 91 heading
substitute
91	Approved risk‑assessment management plan—amendment on application
[1.28]	Section 92 heading
substitute
92	Approved risk‑assessment management plan—decision on amendment
[1.29]	Section 92 (4), definition of required time, paragraph (a)
omit
receives the application
substitute
receives the additional information or documents
[1.30]	Section 124 (4) (c)
substitute
	(c)	for a receipt by—
	(i)	a staff member—the staff member’s name and how to contact the staff member; or
	(ii)	a crowd controller—the crowd controller’s identification number under the Security Industry Regulation 2003, section 10, and how to contact the crowd controller;
[1.31]	Section 125 (2)
substitute
	(2)	A person commits an offence if—
	(a)	the person is a permit‑holder; and
	(b)	the commissioner has decided an occupancy loading for a public area at the permitted premises; and
	(c)	the number of people in the public area is more than the number allowed under the occupancy loading for the area.
Maximum penalty:  50 penalty units.
[1.32]	Section 126 (2)
substitute
	(2)	A person commits an offence if—
	(a)	the person is a permit‑holder; and
	(b)	the commissioner has decided an occupancy loading for a public area at the permitted premises; and
	(c)	the person fails to display a sign about the occupancy loading at the permitted premises in the way prescribed by regulation.
Maximum penalty: 10 penalty units.
[1.33]	Section 128
omit
[1.34]	Section 129
omit
[1.35]	New section 136 (2A)
insert
	(2A)	A person commits an offence if—
	(a)	the person is a licensee; and
	(b)	another person conducts a prohibited promotional activity; and
	(c)	the person knows about the activity; and
	(d)	the activity is conducted at the licensed premises.
Maximum penalty:  50 penalty units.
[1.36]	New section 154 (1) (ba)
insert
	(ba)	enter premises at any time when there are reasonable grounds for suspecting that liquor is being sold on the premises; or
[1.37]	Section 156 (1)
omit
section 154 (1) (b)
substitute
section 154 (1) (d)
[1.38]	Section 183 (1) (a) and (b)
substitute
	(a)	the licensee has contravened, or is contravening, a provision of 1 or more of the following Acts:
	(i)	this Act;
	(ii)	the Building Act 2004;
	(iii)	the Environment Protection Act 1997;
	(iv)	the Food Act 2001;
	(v)	the Roads and Public Places Act 1937;
	(vi)	the Smoking (Prohibition in Enclosed Public Places) Act 2003;
	(vii)	the Work Safety Act 2008;
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
	(b)	the licensed premises do not comply with 1 or more of the following Acts:
	(i)	this Act;
	(ii)	the Building Act 2004;
	(iii)	the Environment Protection Act 1997;
	(iv)	the Food Act 2001;
	(v)	the Roads and Public Places Act 1937;
	(vi)	the Smoking (Prohibition in Enclosed Public Places) Act 2003;
	(vii)	the Work Safety Act 2008;
[1.39]	Section 184 (1) (a) and (b)
substitute
	(a)	the permit‑holder has contravened, or is contravening, a provision of 1 or more of the following Acts:
	(i)	this Act;
	(ii)	the Building Act 2004;
	(iii)	the Environment Protection Act 1997;
	(iv)	the Food Act 2001;
	(v)	the Roads and Public Places Act 1937;
	(vi)	the Smoking (Prohibition in Enclosed Public Places) Act 2003;
	(vii)	the Work Safety Act 2008;
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
	(b)	the permitted premises do not comply with 1 or more of the following Acts:
	(i)	this Act;
	(ii)	the Building Act 2004;
	(iii)	the Environment Protection Act 1997;
	(iv)	the Food Act 2001;
	(v)	the Roads and Public Places Act 1937;
	(vi)	the Smoking (Prohibition in Enclosed Public Places) Act 2003;
	(vii)	the Work Safety Act 2008;
[1.40]	New section 187 (2)
after the note, insert
	(2)	For an application in relation to a permit‑holder, the ACAT Act applies as if a reference in the ACAT Act to—
	(a)	a person who is licensed includes a reference to a person who is a commercial permit‑holder; and
	(b)	a licence includes a reference to a commercial permit.
[1.41]	Section 207 (1)
omit
person show
substitute
person to show
[1.42]	New section 223 (1A)
insert
	(1A)	Without limiting subsection (1), a liquor guideline may make provision in relation to the following:
	(a)	advertising liquor;
	(b)	intoxication;
	(c)	crowd management at and near licensed premises;
	(d)	RSA training.
[1.43]	New section 224A
insert
224A	Licences and permits not personal property—PPS Act
For the Personal Property Securities Act 2009 (Cwlth), section 10, definition of personal property, a licence or permit is not personal property.
[1.44]	New part 20
insert
Part 20	Transitional
250	Definitions—pt 20
In this part:
commencement day means the day section 3 commences.
new licence means a licence under this Act.
old licence means a licence under the repealed Act.
repealed Act means the Liquor Act 1975.
251	Transitional—old licensees applying for new licences
	(1)	This section applies if a person—
	(a)	holds an old licence before the commencement day; and
	(b)	applies for a new licence—
	(i)	before the old licence expires; and
	(ii)	before the commencement day.
	(2)	The application need not include—
	(a)	a police certificate for the licensee, required under section 25 (2) (d) (i) (Licence—application), if the licensee has provided a police certificate for the licensee to the commissioner on or after 1 July 2010; or
	(b)	the certificates and plans required under section 25 (2) (e).
	(3)	At the time of making the application, the application need not include any other police certificate that is required under section 25 (2) (d), however—
	(a)	the commissioner must not decide the application until the police certificate is provided; and
	(b)	the required time for the application under section 27 (4) (b) (Licence—decision on application) is taken to include a police certificate to be provided under this subsection.
	(4)	The application must include the following information about liquor purchased for supply at the licensed premises during the term of the old licence:
	(a)	the volume in litres of the following kinds of liquor purchased:
	(i)	beer;
	(ii)	wine;
	(iii)	spirits;
	(iv)	other liquor;
	(b)	each date of purchase of the liquor;
	(c)	the name and address of each person who supplied the purchased liquor;
	(d)	the gross price paid or payable for the purchased liquor.
	(5)	In this section:
gross price, for liquor—
	(a)	includes any duty, tax or other charge paid or payable for the liquor; but
	(b)	does not include the costs for freight, or packaging for freight, for the liquor.
252	Transitional—old licences and new applications
	(1)	This section applies if a person applies for a new licence in accordance with section 251 (1).
	(2)	The licensee need not comply with the public consultation provisions required under section 26 (Licence—public consultation).
	(3)	The required time for the application under section 27 (4) (e) (Licence—decision on application) is taken to be 6 months after the day the commissioner receives the application.
	(4)	The old licence remains in force until the application is decided and is, on the commencement day, taken to be a new licence of the same class and—
	(a)	the new licence is taken to be—
	(i)	in the same terms as the old licence; and
	(ii)	subject to the same conditions as the old licence; and
	(b)	a bar room at the licensed premises under the old licence is taken to be an adults-only area at the licensed premises under the new licence; and
	(c)	an occupancy loading for the licensed premises under the old licence is taken to be an occupancy loading for the licensed premises under the new licence.
253	Transitional—old licences and occupancy loading
	(1)	This section applies if—
	(a)	a person applies for a new licence in accordance with section 251 (1); and
	(b)	the commissioner decides to issue the new licence under section 27 (Licence—decision on application); and
	(c)	the commissioner must decide the occupancy loading for each public area at the licensed premises under section 28 (Licence—occupancy loading).
	(2)	The following sections do not apply to the decision under section 28:
	(a)	section 85 (Occupancy loading decision);
	(b)	section 86 (Fire engineering study and inspection).
	(3)	In deciding the occupancy loading for a public area at the licensed premises, the commissioner must consider—
	(a)	 the occupancy loading under the old licence for the area; and
	(b)	anything else the commissioner considers relevant.
254	Transitional—old liquor permits taken to be commercial permits
	(1)	This section applies if a person holds a liquor permit under the repealed Act immediately before the commencement day.
	(2)	The liquor permit is, on the commencement day, taken to be a commercial permit—
	(a)	in the same terms as the liquor permit; and
	(b)	subject to the same conditions as the liquor permit.
	(3)	The commercial permit is taken to expire—
	(a)	on the day stated in the liquor permit; or
	(b)	if no date is stated in the liquor permit—3 months after the commencement day.
	(4)	The commercial permit must not be amended, transferred or renewed.
255	Transitional—old non-profit organisation wine permits taken to be non‑commercial permits
	(1)	This section applies if a person holds a non-profit organisation wine permit under the repealed Act immediately before the commencement day.
	(2)	The non-profit organisation wine permit is, on the commencement day, taken to be a non‑commercial permit—
	(a)	in the same terms as the non-profit organisation wine permit; and
	(b)	subject to the same conditions as the non-profit organisation wine permit.
	(3)	The non‑commercial permit is taken to expire—
	(a)	on the day stated in the non-profit organisation wine permit; or
	(b)	if no date is stated in the non-profit organisation wine permit—3 months after the commencement day.
	(4)	The non‑commercial permit must not be amended, transferred or renewed.
256	Transitional—old tourism wine permits taken to be commercial permits
	(1)	This section applies if a person holds a tourism wine permit under the repealed Act immediately before the commencement day.
	(2)	The tourism wine permit is, on the commencement day, taken to be a commercial permit—
	(a)	in the same terms as the tourism wine permit; and
	(b)	subject to the same conditions as the tourism wine permit.
	(3)	The commercial permit is taken to expire—
	(a)	on the day stated in the tourism wine permit; or
	(b)	if no date is stated in the tourism wine permit—3 months after the commencement day.
	(4)	The commercial permit must not be amended, transferred or renewed.
257	Transitional—RSA certificates
	(1)	This section applies if—
	(a)	a person holds an old RSA certificate immediately before division 8.1 (Responsible service of alcohol) commences; and
	(b)	the certificate was issued to the person not more than 2 years before division 8.1 commences.
	(2)	The old RSA certificate is, on the commencement of division 8.1, taken to be a new RSA certificate that expires 1 year after division 8.1 commences.
	(3)	In this section:
new RSA certificate, for a person, means an RSA certificate issued under this Act for the person.
old RSA certificate, for a person—
	(a)	means a certificate stating—
	(i)	that the person satisfactorily completed a course about the responsible service of alcohol on a stated day; and
	(ii)	when the certificate was issued to the person; but
	(b)	does not include a new RSA certificate.
258	Transitional regulations
	(1)	A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of this Act.
	(2)	A regulation may modify this chapter (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this chapter.
	(3)	A regulation under subsection (2) has effect despite anything elsewhere in this Act.
259	Expiry—pt 20
This part expires 3 years after the day it commences.
[1.45]	Schedule 1, item 11
substitute
11	92 (2)	refuse to amend approved risk‑assessment management plan	licensee or permit‑holder	
[1.46]	Dictionary, new definition of ACAT Act
insert
ACAT Act means the ACT Civil and Administrative Tribunal Act 2008.
[1.47]	Dictionary, definition of confidential provision
omit
[1.48]	Dictionary, new definition of licensed premises
insert
licensed premises means premises that are the subject of a licence.
[1.49]	Dictionary, definition of low‑alcohol liquor
omit
ethyl alcohol
substitute
ethanol
[1.50]	Dictionary, new definition of permitted premises
insert
permitted premises means premises that are the subject of a permit.
Part 1.14	Medicines, Poisons and Therapeutic Goods Regulation 2008
[1.51]	Section 173 (2), definition of proof of age card
substitute
proof of age card means a proof of age card issued under—
	(a)	the Liquor Act 2010, section 210 (Proof of age cards); or
	(b)	the law of a state, an external territory or New Zealand.
Part 1.15	Planning and Development Regulation 2008
[1.52]	Dictionary, definition of community organisation, paragraph (c)
omit
Liquor Act 1975
substitute
Liquor Act 2010
Part 1.16	Road Transport (Alcohol and Drugs) Act 1977
[1.53]	Section 4A (1), definition of public place, paragraph (b)
substitute
	(b)	an area for the parking of motor vehicles on, or in the vicinity of, licensed premises or permitted premises; or
[1.54]	Section 4A (2), definition of licensed premises
substitute
licensed premises—see the Liquor Act 2010, dictionary.
[1.55]	Section 4A (2), new definition of permitted premises
insert
permitted premises—see the Liquor Act 2010, dictionary. 
Part 1.17	Road Transport (Driver Licensing) Act 1999
[1.56]	Section 39 (2) (a)
substitute
	(a)	for the administration or enforcement of—
	(i)	the road transport legislation; or
	(ii)	the Liquor Act 2010, section 210 (Proof of age cards); or
[1.57]	Section 39 (3) (a)
substitute
	(a)	for the administration or enforcement of—
	(i)	the road transport legislation; or
	(ii)	the Liquor Act 2010, section 210 (Proof of age cards); or
[1.58]	Dictionary, definition of proof of age card
substitute
proof of age card means a proof of age card issued under the Liquor Act 2010, section 210 (Proof of age cards).
Part 1.18	Road Transport (Driver Licensing) Regulation 2000
[1.59]	Section 138B (2) (c)
omit
Liquor Act 1975
substitute
Liquor Act 2010
Part 1.19	Road Transport (Public Passenger Services) Regulation 2002
[1.60]	Dictionary, definition of liquor
omit
Liquor Act 1975
substitute
Liquor Act 2010
Part 1.20	Second-hand Dealers Regulation 2002
[1.61]	Dictionary, definition of proof of age card
substitute
proof of age card means a proof of age card issued under—
	(a)	the Liquor Act 2010, section 210 (Proof of age cards); or
	(b)	the law of a state, an external territory or New Zealand.
Part 1.21	Security Industry Regulation 2003
[1.62]	Section 6 (1) (g)
substitute
	(g)	an investigator under the Fair Trading (Consumer Affairs) Act 1973;
Part 1.22	Tobacco Act 1927
[1.63]	Section 8 (4), definition of licensed premises
omit
Liquor Act 1975
substitute
Liquor Act 2010
[1.64]	Section 14 (6), definition of document of identification, paragraph (a) (ii)
omit
under the Liquor Act 1975
substitute
issued under the Liquor Act 2010, section 210 (Proof of age cards),
Part 1.23	Trustee Act 1925
[1.65]	Section 36 (6)
omit
Liquor Act 1975
substitute
Liquor Act 2010

Schedule 2	Consequential amendments related to the Smoking (Prohibition in Enclosed Public Places) Amendment Act 2009

Part 2.1	Liquor Act 2010
[2.1]	Section 183 (1) (a) (vi)
substitute
	(vi)	the Smoke-Free Public Places Act 2003;
[2.2]	Section 183 (1) (b) (vi)
substitute
	(vi)	the Smoke-Free Public Places Act 2003;
[2.3]	Section 183 (1) (i) and (j)
substitute
	(i)	the licensee has allowed people to smoke in a part of the licensed premises that is—
	(i)	an enclosed public place; or
	(ii)	an outdoor eating or drinking place (other than a designated outdoor smoking area);
	(j)	the licensee has failed to take reasonable steps to prevent smoke from another area occupied by the licensee entering—
	(i)	an enclosed public place; or
	(ii)	an outdoor eating or drinking place (other than a designated outdoor smoking area).
[2.4]	Section 184 (1) (a) (vi)
substitute
	(vi)	the Smoke-Free Public Places Act 2003;
[2.5]	Section 184 (1) (b) (vi)
substitute
	(vi)	the Smoke-Free Public Places Act 2003;
[2.6]	Section 184 (1) (i) and (j)
substitute
	(i)	the permit‑holder has allowed people to smoke in a part of the permitted premises that is—
	(i)	an enclosed public place; or
	(ii)	an outdoor eating or drinking place;
	(j)	the permit‑holder has failed to take reasonable steps to prevent smoke from another area occupied by the permit‑holder entering—
	(i)	an enclosed public place; or
	(ii)	an outdoor eating or drinking place.
[2.7]	Dictionary, new definition of designated outdoor smoking area
insert
designated outdoor smoking area—see the Smoke-Free Public Places Act 2003, section 9F (2).
[2.8]	Dictionary, definition of enclosed public place
substitute
enclosed public place—see the Smoke-Free Public Places Act 2003, dictionary.
[2.9]	Dictionary, new definition of outdoor eating or drinking place
insert
outdoor eating or drinking place—see the Smoke-Free Public Places Act 2003, section 9A.
[2.10]	Dictionary, definition of smoke
substitute
smoke—see the Smoke-Free Public Places Act 2003, section 5B.
Part 2.2	Smoke-Free Public Places Act 2003
[2.11]	Section 9F (1) (a) and (b)
omit
Liquor Act 1975
substitute
Liquor Act 2010

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2010.
2	Notification
	Notified under the Legislation Act on	2010.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2010