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This is a Bill, not an Act. For current law, see the Acts databases.
to amend the Liquor Act
LIQUOR AMENDMENT ACT 2003
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No. of 2003
____________________
TABLE OF PROVISIONS
4. Repeal
No. of 2003
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AN ACT
to amend the Liquor Act
1. Short title
This Act may be cited as the Liquor Amendment Act 2003.
2. Commencement
This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.
3. New Part
The Liquor Act is amended by inserting after Part X the following:
"The Commissioner of Police must keep a register of persons who are taken into the custody of a member of the Police Force under Part VII, Division 4 of the Police (Administration) Act while apparently seriously affected by liquor.
"120B. Commissioner to apply for order if person taken into custody 3 times
within 6 months
"(1) As soon as practicable after a person has, for a third or subsequent time within 6 months, been taken into custody under of Part VII, Division 4 of the Police (Administration) Act while apparently seriously affected by liquor, the Commissioner or a delegate of the Commissioner must apply to the Local Court for an habitual drunk order in relation the person.
"(2) The applicant must, as soon as practicable after making the application –
(b) conduct the investigations of the application that the applicant thinks appropriate; and
(c) forward to the Court any comments received in accordance with paragraph (a) and the results of any investigations conducted under paragraph (b).
"120C. Hearing of application
"(1) The Local Court must, as soon as practicable after receiving an application under section 120B(1) –
(i) the application;
(ii) any comments and results forwarded to the Court under section 120B(2)(c); and
(iii) any report to the Court under section 120B(3); and
(b) conduct a hearing in relation to the application.
"(3) In conducting the hearing, the Court is not bound by the rules of evidence and may inform itself in the manner it thinks fit, including by admitting hearsay evidence.
"120D. Habitual drunk order
"(1) After hearing an application under section 120C, the Local Court may make an habitual drunk order in relation to the person who is the subject of the application if satisfied on the balance of probabilities that, because of the habitual or excessive consumption of liquor, the person is likely to –
(b) endanger or interrupt the peace, welfare or happiness of his or her family or the family of another person; or
(c) endanger or interrupt the peace of the public at large.
(i) 12 months commencing on the date of the order; or
(ii) if another period (which may be shorter or longer than 12 months) is specified in the order – that period;
(b) forbids all persons from doing any of the following:
(i) selling or supplying liquor to the person who is the subject of the order;
(ii) permitting that person to enter or remain on or at licensed premises if the licence permits liquor to be consumed on or at those premises; and
(c) forbids the person who is the subject of the order from doing any of the following:
(i) consuming, or obtaining or attempting to obtain, liquor;
(ii) without reasonable excuse, entering or remaining on or at licensed premises if the licence permits liquor to be consumed on or at those premises.
(b) undertake (at the person's own expense if so ordered) a specified program of treatment and rehabilitation;
(c) is required to reside at a specified place for a specified period;
(d) is not permitted to be in a specified place at any time or at a particular time, as specified in the order;
(e) is not permitted to be within a specified distance of a specified person or place;
(f) is not permitted to consume liquor; or
(g) is required to comply with specified conditions –
(i) relating to the treatment or rehabilitation of the person; or
(ii) imposed on the person for the purpose of preventing or minimising the harm that the person may cause to himself or herself or others, or to the property of others, if he or she becomes seriously affected by liquor.
"(5) The Commission must direct the Director to advise licensees within an area specified by the Commission, in accordance with the directions of the Commission and in the manner specified by the Commission, of the making of the order and the details of the person who is the subject of the order.
"120E. Failure to comply with order
"(1) A person who is the subject of an habitual drunk order must comply with the order.
"(2) If a court finds a person guilty of an offence against subsection (1), the court must –
(b) if it is the person's second finding of guilt for non-compliance with a particular habitual drunk order – order the person to serve a term of imprisonment exceeding 14 days but not exceeding 30 days;
(c) if it is the person's third finding of guilt for non-compliance with a particular habitual drunk order – order the person to serve a term of imprisonment exceeding 30 days but not exceeding 3 months; or
(d) if it is the person's fourth or subsequent finding of guilt for non-compliance with a particular habitual drunk order – order the person to serve a term of imprisonment of 3 months.
"120F. Sale or supply of liquor to habitual drunk prohibited
"A person must not –
(b) without reasonable excuse, permit such a person to enter or remain on or at licensed premises if the licence permits liquor to be consumed on or at those premises.
"(1) Despite section 129 of the Police Administration Act but subject to this section, a member of the Police Force must continue to hold a person who is the subject of an application under section 120B(1) in custody until the application is heard.
"(2) A person who continues to be held in custody under subsection (1) or a member of the Police Force may apply (including by telephone) to a magistrate for the person's release from custody until the application under section 120B(1) is heard.
"(3) The magistrate may make the order applied for under subsection (2) if satisfied that, during the period until the application under section 120B(1) is heard, the person is unlikely to be physically violent towards himself or herself or others or towards the property of others.
"(4) The magistrate must not make the order applied for under subsection (2) unless the person undertakes in writing –
(b) not to consume liquor during the period until the application under section 120B is heard.
"(6) The magistrate may revoke the order under subsection (3) if satisfied that the person has failed to comply with the undertaking referred to in subsection (4)(b).
"(7) If the order under subsection (3) is revoked under subsection (6), a member of the Police Force may take into custody the person who was the subject of the order and continue to hold the person in custody until the application under section 120B is heard.
"(8) A person who is held in custody under subsection (7) cannot make an application under subsection (2).
"(9) This section does not affect the operation of section 131 or 133 of the Police Administration Act.".
4. Repeal
Section 122 of the Liquor Act is repealed.