Liquor and Fair Trading Legislation (Red Tape Reduction) Amendment Bill 2015
Plain English Summary
Overview
This bill cuts red tape for Queensland's liquor and tourism industries and repeals 14 obsolete church and community organisation Acts. It lets craft breweries sell their beer at festivals and farmers markets, gives clubs, bed and breakfasts and campdrafting events more flexibility, and introduces a new approval process for liquor events held in pub car parks.
Who it affects
Small craft brewers, community clubs, hotel licensees, B&B operators and event organisers gain more flexibility. Festival-goers cannot bring their own drinks to events covered by a community liquor permit or commercial public event permit.
Craft beer at markets and festivals
Small craft brewers (producing under 40 million litres a year) can now sell and sample their beer at promotional events like farmers markets and craft beer festivals, either through a condition on their producer/wholesaler licence or a new craft beer producer permit lasting up to three months.
- New craft beer producer permit lets interstate brewers attend Queensland events for up to three months
- Queensland producer/wholesaler licensees can get their licence conditioned to cover eligible events
- Sales capped at 9 litres per person per event unless conditions say otherwise
- Large 'mainstream' breweries (over 40 million litres/year) are deliberately excluded
Liquor Act flexibility for venues
A package of changes loosens various venue rules. Approved managers at non-late-night venues don't have to be on site constantly, community clubs can sell takeaway liquor to signed-in guests, B&Bs can cater for up to eight guests without a licence, and low-risk licence types are freed from needing a risk-assessed management plan.
- Approved managers at pre-midnight venues can be off-site for up to 3 days at a time (7 days per month) if contactable by phone
- Community clubs can sell takeaway liquor to signed-in guests and visitors, not just members
- B&B exemption raised from six to eight adult guests
- Florists, caterers, industrial canteens and community-other licensees no longer need a risk-assessed management plan
- Residents and their guests at hotels can drink in approved common areas after hours, not just their rooms
Car park events
A new 'car park approval' scheme replaces existing arrangements for selling liquor in venue car parks. Every car park event now needs fresh approval, with the Commissioner able to impose noise and amplified-music conditions, and a cooling-off period if conditions are breached.
- All licensees must seek a specific car park approval for each event, even if they had a pre-existing licence condition
- Commissioner can impose conditions on amplified music, decibel limits and trading hours
- If a licensee breaches a car park approval condition, no new approval for three months
- Existing approvals under the old section 153A stop having effect on commencement
Taking liquor into and from events
Creates new offences to stop patrons bringing their own liquor into, or walking out with, events covered by a community liquor permit or commercial public event permit.
- Maximum penalty of 25 penalty units for bringing liquor into or taking it from a permit event
- Applies during the event and for one hour after the permit expires
- Permit holders, their staff and agents are exempt when conducting the event
Campdrafting and small regional shows
Campdrafting events run by Australian Campdrafting Association affiliates get the same community liquor permit exemption already enjoyed by small regional shows, letting liquor be sold for up to 14 hours a day over three consecutive days.
- Campdrafting events defined and exempted from needing a community liquor permit
- Liquor sales permitted 10am to midnight over three consecutive days
- Event must be at a rural place, run by an affiliate of the Australian Campdrafting Association
Meaning of liquor and cooking ingredients
Clarifies that alcoholic food additives (Chinese cooking wine, soy sauce), personal hygiene products (perfume, mouthwash), medicines (cough syrup) and fruit preservatives are not regulated as liquor, even if their alcohol content technically fits the definition.
- Food additives, personal hygiene products and medicines excluded from the Liquor Act
- Exceptions apply if a substance is used as a beverage or in manufacturing beverages
- Spirituous cooking essences still capped at 100mL (vanilla) or 50mL (other) per container
Investigator and police powers
All police officers become investigators under the Liquor Act by default, and investigators can issue written notices requiring documents (including CCTV footage, rosters and training registers) to be produced within a set time.
- All police officers automatically deemed investigators, no individual delegation needed
- New written notice power to require document production, not limited to financial records
- Maximum penalty of 50 penalty units for failing to comply without reasonable excuse
- Brisbane licensees no longer need to duplicate entries in both the incident register and the crowd controller register
Proof of age documents
Updates the list of acceptable evidence of age documents, clarifying that Australian and foreign driver licences, adult proof of age cards and Australian and foreign passports are all accepted, and tightens which entities can be approved to issue proof of age cards.
- Foreign driver licences and passports explicitly listed as acceptable evidence of age
- Entities issuing proof of age cards must first be assessed by another State, Territory or Commonwealth agency
- Existing acceptable ID documents continue to be accepted after commencement
Repeal of 14 obsolete church Acts
On the recommendation of the Queensland Law Reform Commission, 14 historical church and community organisation Acts (some dating back to 1830) are repealed, with still-needed provisions saved into the Anglican Church of Australia Act 1895, the Presbyterian Church of Australia Act 1900 and the Oaths Act 1867.
- Removes around 120 pages and 290 legislative requirements from the statute book
- Protects existing church property arrangements through saving and consequential amendments
- Affected bodies include Anglican, Presbyterian, Catholic, Congregational, Wesleyan Methodist and Chinese Temple Society organisations
Fair Trading Act executive liability
Repeals section 96 of the Fair Trading Act 1989, which made executive officers vicariously liable for company breaches. This aligns Queensland with national policy requiring directors' liability provisions to be specifically justified.
- Section 96 (vicarious liability) of the Fair Trading Act 1989 repealed
- Consequential references in sections 31 and 33 also removed
- Brings Queensland into line with other Australian jurisdictions
Bill Journey
Committee report tabled
Referenced Entities
Legislation
Organisations
Programs & Schemes
Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards