Victorian Numbered Acts

LIQUOR CONTROL REFORM AMENDMENT ACT 2021 (NO. 49 OF 2021) - SECT 17

After section 18B of the Principal Act insert —

        " 18C     Licence conditions—supply of liquor through online orders

    (1)     It is a condition of every licence that authorises the supply of liquor by orders placed online that the licensee—

        (a)     displays the licensee's liquor licence number prominently—

              (i)     on its website or any other online platform or interface through which liquor can be ordered; and

              (ii)     in any promotional or advertising material in relation to online ordering; and

        (b)         displays any notice that the Commission requires the licensee to display on its website or any other online platform or interface through which liquor can be ordered; and

        (c)     provides instructions to the person responsible for the delivery of liquor by orders placed online that delivery must occur—

              (i)     in the case of a full club licence, before 11 p.m. only; or

              (ii)     in any other case, within ordinary trading hours only; and

        (d)     complies with the requirements of subsections (2) to (4); and

        (e)     complies with any other prescribed requirements in relation to the matters referred to in paragraphs (a) to (d).

    (2)     Unless subsection (3A) applies, the first time a licensee supplies liquor to a person by an order placed online, the licensee must—

        (a)         require that person who placed the order confirm that they are of or over the age of 18 years; and

        (b)     in addition to subsection (1)(c), provide instructions to the person responsible for delivery of the liquor that—

              (i)     the liquor must only be delivered to the person who placed the order; and

              (ii)     the person who placed the order must be present at the time that the liquor is delivered; and

              (iii)     the person responsible for the delivery must verify the age of the person who placed the order by requiring the person to produce an evidence of age document; and

        (c)     comply with any other prescribed requirements in relation to the matters referred to in paragraphs (a) and (b).

    (3)     Subsection (2) does not apply to subsequent online orders made by the same person.

    (3A)     If an order for the supply of liquor is placed online by a person to be delivered to another person as a gift, the licensee must—

        (a)     require that the person who placed the order confirm that the person is of or over the age of 18 years; and

        (b)     require that the person who placed the order confirm that the order is to be delivered to another person as a gift and that the recipient of the gift is of or over 18 years; and

        (c)     obtain the name and address of the recipient of the gift; and

        (d)     provide instructions to the person responsible for the delivery of the liquor that—

              (i)     the liquor must only be delivered to the recipient of the gift or a person of or over the age of 18 years who is present at the address provided under paragraph (c); and

              (ii)     the person responsible for the delivery must verify the age of the recipient of the gift or the person present at the address provided under paragraph (c) by requiring that person to produce an evidence of age document; and

        (e)     comply with any other prescribed requirements.

    (4)     If the licensee has previously supplied liquor to a person by an order placed online that was not a gift supplied in accordance with subsection (3A), and that same person places a subsequent order, the licensee must—

        (a)     obtain instructions from the person who placed the order in relation to where to leave the liquor if that person is not present at the time that the liquor is delivered; and

        (b)     provide the instructions obtained from the person who placed the order to the person responsible for delivery of the liquor; and

        (c)     instruct the person responsible for delivery of the liquor that the liquor is only to be delivered in accordance with the instructions provided; and

        (d)     comply with any other prescribed requirements in relation to the matters referred to in paragraphs (a) to (c).

        18D     Minister may specify additional conditions in relation to supply of packaged liquor

    (1)     The Minister, by Order published in the Government Gazette, may specify additional conditions for licensees of licences that authorise the supply of packaged liquor.

    (2)     An Order under subsection (1) must not be inconsistent with any provision of this Act.

    (3)     The conditions may—

        (a)     apply generally to all classes or categories of licences that authorise the supply of packaged liquor; or

        (b)     apply to one or more specific classes or categories of licence that authorise the supply of packaged liquor.

    (4)     The Minister, at any time by Order published in the Government Gazette, may vary or revoke the conditions specified in an Order under subsection (1).

    (5)     Every licensee to which the conditions specified in an Order under subsection (1) apply must comply with those conditions.".