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Queensland Liquor (Artisan Liquor) Amendment Bill 2020
45

Liquor (Artisan Liquor) Amendment Bill 2020€¦ · Liquor (Artisan Liquor) Amendment Bill 2020 v03 Page 6 Authorised by the Parliamentary Counsel The Parliament of Queensland enacts—

Jan 21, 2021

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Page 1: Liquor (Artisan Liquor) Amendment Bill 2020€¦ · Liquor (Artisan Liquor) Amendment Bill 2020 v03 Page 6 Authorised by the Parliamentary Counsel The Parliament of Queensland enacts—

Queensland

Liquor (Artisan Liquor) Amendment Bill 2020

Page 2: Liquor (Artisan Liquor) Amendment Bill 2020€¦ · Liquor (Artisan Liquor) Amendment Bill 2020 v03 Page 6 Authorised by the Parliamentary Counsel The Parliament of Queensland enacts—
Page 3: Liquor (Artisan Liquor) Amendment Bill 2020€¦ · Liquor (Artisan Liquor) Amendment Bill 2020 v03 Page 6 Authorised by the Parliamentary Counsel The Parliament of Queensland enacts—

Queensland

Liquor (Artisan Liquor) Amendment Bill 2020

Contents

Page

1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

4 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 6

5 Amendment of s 9 (Ordinary trading hours) . . . . . . . . . . . . . . . . 7

6 Amendment of s 42A (Commissioner may make guidelines) . . . 8

7 Amendment of s 66 (Types of commercial other licence) . . . . . . 8

8 Amendment of s 73 (Authority of producer/wholesaler licence) . 8

9 Amendment of s 74A (Sale or supply of craft beer at promotional event)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

10 Insertion of new s 74B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

74B Sale of artisan spirits . . . . . . . . . . . . . . . . . . . . . . . . . 11

11 Amendment of s 75 (Restriction on sale of liquor under producer/wholesaler licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

12 Amendment of s 75A (Venue of promotional event not licensed premises for producer/wholesaler licence) . . . . . . . . . . . . . . . . . . . . . . . . . 14

13 Insertion of new pt 4, div 4, sdiv 7 . . . . . . . . . . . . . . . . . . . . . . . . 14

Subdivision 7 Artisan producer licence

75B Types of artisan producer licence . . . . . . . . . . . . . . . 14

75C Principal activity of a business under an artisan producer licence (beer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

75D Authority of artisan producer licence (beer) . . . . . . . 17

75E Principal activity of a business under an artisan producer licence (spirits) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

75F Authority of artisan producer licence (spirits) . . . . . . 19

75G Restriction on grant of artisan producer licence . . . . 21

75H Sale of craft beer at promotional event . . . . . . . . . . . 22

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Contents

Liquor (Artisan Liquor) Amendment Bill 2020

75I Sale of artisan spirits at promotional event . . . . . . . . 23

75J Venue of promotional event not licensed premises for artisan producer licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

14 Amendment of s 86 (Hours to which application may relate etc.) 25

15 Amendment of s 100 (Available permits) . . . . . . . . . . . . . . . . . . 26

16 Amendment of s 101 (Definitions for div 2) . . . . . . . . . . . . . . . . . 26

17 Insertion of new s 101AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

101AA Meaning of public event . . . . . . . . . . . . . . . . . . . . . . 26

18 Amendment of s 103B (Authority of commercial public event permit) 26

19 Amendment of s 103W (Authority of craft beer producer permit) 27

20 Amendment of s 103X (Restriction on grant of craft beer producer permit)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

21 Amendment of s 103Z (Premises to which craft beer producer permit relates) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

22 Amendment of s 103ZA (Conditions on craft beer producer permits) 28

23 Insertion of new pt 4A, div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Division 9 Artisan spirits producer permits

103ZB Authority of artisan spirits producer permit . . . . . . . . 29

103ZC Restriction on grant of artisan spirits producer permit 30

103ZD Duration of artisan spirits producer permit . . . . . . . . 31

103ZE Premises to which artisan spirits producer permit relates 31

103ZF Conditions on artisan spirits producer permits . . . . . 32

24 Replacement of s 148AB (Restriction on sale of craft beer) . . . . 32

148AB Restriction on sale of craft beer and artisan spirits . . 33

25 Insertion of new ss 150A and 150B . . . . . . . . . . . . . . . . . . . . . . . 34

150A Notification of change—artisan producer licence (beer) 34

150B Notification of change—artisan producer licence (spirits) 35

26 Amendment of s 155 (Minors on premises) . . . . . . . . . . . . . . . . 36

27 Amendment of s 155AC (Application of div 1A) . . . . . . . . . . . . . 36

28 Amendment of s 172 (Offer to purchase liquor made elsewhere than at licensed premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

29 Amendment of s 203 (Filing of returns) . . . . . . . . . . . . . . . . . . . . 38

30 Amendment of s 217 (Records to be kept by licensee) . . . . . . . . 39

31 Amendment of s 228C (Inconsistency with authority to sell or supply craft beer and authority under commercial special facility licence) . . . 41

32 Insertion of new pt 12, div 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Division 22 Transitional provisions for Liquor (Artisan Liquor)

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Contents

Liquor (Artisan Liquor) Amendment Bill 2020

Amendment Act 2020

355 Transition to artisan producer licence . . . . . . . . . . . . 41

356 No fee payable for application for s 74A(2)(c) condition 43

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2020

A Billfor

An Act to amend the Liquor Act 1992 to support and regulate theemerging craft beer and artisan spirits industries

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The Parliament of Queensland enacts—

1 Short title

This Act may be cited as the Liquor (Artisan Liquor)Amendment Act 2020.

2 Commencement

This Act commences on a day to be fixed by proclamation.

3 Act amended

This Act amends the Liquor Act 1992.

4 Amendment of s 4 (Definitions)

(1) Section 4, definition craft brewery—

omit.

(2) Section 4—

insert—

artisan distillery means premises—

(a) at which spirits are produced under—

(i) a producer/wholesaler licence or anartisan producer licence (spirits); or

(ii) an equivalent licence issued under thelaw of another State; and

(b) at which no more than 450,000 litres ofspirits are produced in any financial year.

artisan producer licence (beer) see section75B(2).

artisan producer licence (spirits) see section75B(3).

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artisan spirits means—

(a) spirits produced in an artisan distillery; or

(b) liqueur produced using spirits produced inan artisan distillery.

craft brewery means premises—

(a) at which beer is produced under—

(i) a producer/wholesaler licence or anartisan producer licence (beer); or

(ii) an equivalent licence issued under thelaw of another State; and

(b) at which no more than 5 million litres ofbeer are produced in any financial year.

(3) Section 4, definition public event, ‘section 101’—

omit, insert—

section 101AA

5 Amendment of s 9 (Ordinary trading hours)

(1) Section 9(1A)—

insert—

(e) premises to which an artisan producerlicence relates.

(2) Section 9—

insert—

(1D) Subject to subsections (2) and (3), on any dayother than Good Friday or Christmas Day,ordinary trading hours of licensed premises towhich an artisan producer licence relates are—

(a) for the sale of liquor for consumption on thepremises—between 10a.m. and 12midnight; or

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(b) for the sale of liquor for consumption off thepremises, other than the sale of liquor bywholesale—between 10a.m. and 10p.m.; or

(c) for the sale of liquor by wholesale—thetrading hours of the premises under theTrading (Allowable Hours) Act 1990.

6 Amendment of s 42A (Commissioner may make guidelines)

Section 42A(1), example 4, after ‘sections’—

insert—

101AA,

7 Amendment of s 66 (Types of commercial other licence)

Section 66—

insert—

(f) artisan producer licence.

8 Amendment of s 73 (Authority of producer/wholesaler licence)

(1) Section 73(2)(a), after ‘craft beer’—

insert—

or artisan spirits

(2) Section 73(2)(a)(i), after ‘section 74A(2)(a)’—

insert—

or 74B(2)(a)

(3) Section 73(2)(b)—

omit, insert—

(b) sell craft beer or artisan spirits, produced bythe licensee on the licensed premises, topersons at a promotional event, for

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consumption at the event for the purpose ofsampling the craft beer or artisan spirits,if—

(i) the licence is subject to a conditionmentioned in section 74A(2)(b) or74B(2)(b); and

(ii) the organiser of the promotional eventhas given the licensee written consentto sell samples of craft beer or artisanspirits to persons at the event.

(4) Section 73—

insert—

(2A) The authority under subsection (2) applies duringthe hours the promotional event takes place unlessa condition of the licence provides otherwise.

(2B) Further, a producer/wholesaler licence authorisesthe licensee, if the licensed premises are a craftbrewery or artisan distillery, to sell craft beer orartisan spirits to the holder of an artisan producerlicence if the producer/wholesaler licence issubject to a condition mentioned in section74A(2)(c) or 74B(2)(c).

(5) Section 73(3), ‘or (2)’—

omit, insert—

, (2) or (4)

(6) Section 73(2A) to (3)—

renumber as section 73(3) to (5).

9 Amendment of s 74A (Sale or supply of craft beer at promotional event)

(1) Section 74A, heading—

omit, insert—

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74A Sale of craft beer

(2) Section 74A(2)(b)—

omit, insert—

(b) sell craft beer, produced by the licensee atthe craft brewery, to persons at apromotional event, for consumption at theevent for the purpose of sampling the craftbeer; or

(c) sell craft beer to the holder of an artisanproducer licence.

(3) Section 74A—

insert—

(2A) The authority under subsection (2)(a) and (b)applies during the hours the promotional eventtakes place unless a condition of the licenceprovides otherwise.

(4) Section 74A(3)—

omit, insert—

(3) The commissioner must not impose a conditionunder subsection (2) if more than a combined totalof 5 million litres of beer is produced, in eachfinancial year, by the licensee and any relatedbody corporate of the licensee under any licence,including a licence issued under the law ofanother State.

(5) Section 74A(4), ‘(5)(a) states otherwise, the total volume ofcraft beer that may be sold and supplied’—

omit, insert—

(6)(a) states otherwise, the total volume of craftbeer that may be sold

(6) Section 74A(5)(b)—

omit, insert—

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(b) for craft beer that may be sold to persons ata promotional event, for consumption at theevent for the purpose of sampling the craftbeer—

(i) the total volume of craft beer that maybe sold to each person at the event forthe purpose of sampling; or

(ii) the volume of each of the individualsamples that may be sold to persons atthe event.

(7) Section 74A—

insert—

(5A) Unless a further condition imposed on the licencestates otherwise, a regulation may prescribe, forcraft beer that may be sold to persons at apromotional event for consumption at the event—

(a) the total volume of craft beer that may besold to each person at the event for thepurpose of sampling; or

(b) the volume of each of the individual samplesthat may be sold to persons at the event.

(8) Section 74A(2A) to (6)—

renumber as section 74A(3) to (8).

10 Insertion of new s 74B

After section 74A—

insert—

74B Sale of artisan spirits

(1) This section applies if the commissioner issatisfied licensed premises for aproducer/wholesaler licence are an artisandistillery.

(2) The commissioner may impose a condition on thelicence authorising the licensee to—

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(a) sell artisan spirits, produced by the licenseeat the artisan distillery, to persons at apromotional event, for consumption awayfrom the event; or

(b) sell artisan spirits, produced by the licenseeat the artisan distillery, to persons at apromotional event, for consumption at theevent for the purpose of sampling the artisanspirits; or

(c) sell artisan spirits to the holder of an artisanproducer licence.

(3) The authority under subsection (2)(a) and (b)applies during the hours the promotional eventtakes place unless a condition of the licenceprovides otherwise.

(4) The commissioner must not impose a conditionunder subsection (2) if more than a combined totalof 450,000 litres of spirits is produced, in eachfinancial year, by the licensee and any relatedbody corporate of the licensee under any licence,including a licence issued under the law ofanother State.

(5) For subsection (2)(a), unless a further conditionimposed on the licence under subsection (6)(a)states otherwise, the total volume of artisan spiritsthat may be sold to each person at the promotionalevent, for consumption away from the event, is1.5 litres.

(6) If the commissioner imposes a condition undersubsection (2), the commissioner may alsoimpose further conditions on the licence inrelation to the following—

(a) the total volume of the licensee’s artisanspirits that may be sold to each person at apromotional event for consumption awayfrom the event;

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(b) for artisan spirits that may be sold to personsat a promotional event, for consumption atthe event for the purpose of sampling theartisan spirits—

(i) the total volume of artisan spirits thatmay be sold to each person at the eventfor the purpose of sampling; or

(ii) the volume of each of the individualsamples that may be sold to persons atthe event.

(7) Unless a further condition imposed on the licencestates otherwise, a regulation may prescribe, forartisan spirits that may be sold to persons at apromotional event for consumption at the event—

(a) the total volume of artisan spirits that maybe sold to each person at the event for thepurpose of sampling; or

(b) the volume of each of the individual samplesthat may be sold to persons at the event.

(8) This section does not limit the power of thecommissioner, under part 5, to impose, amend orrevoke conditions on a licence.

11 Amendment of s 75 (Restriction on sale of liquor under producer/wholesaler licence)

Section 75(2)(c)—

omit, insert—

(c) to the extent the holder is authorised undersection 73(2) to sell craft beer or artisanspirits produced by the holder to persons at apromotional event—sell the craft beer orartisan spirits to persons at the event.

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12 Amendment of s 75A (Venue of promotional event not licensed premises for producer/wholesaler licence)

(1) Section 75A(1), ‘sell or supply craft beer’—

omit, insert—

sell craft beer or artisan spirits

(2) Section 75A(2)—

omit, insert—

(2) The place at which the licensee sells craft beer orartisan spirits at the promotional event is notlicensed premises.

(3) Section 75A(3)(a), ‘may be sold or supplied’—

omit, insert—

or artisan spirits may be sold

(4) Section 75A(3)(b), ‘or supplying craft beer’—

omit, insert—

craft beer or artisan spirits

(5) Section 75A(5), definition relevant part 6 provision,paragraph (e), ‘section 150’—

omit, insert—

sections 150 to 150B

13 Insertion of new pt 4, div 4, sdiv 7

Part 4, division 4—

insert—

Subdivision 7 Artisan producer licence

75B Types of artisan producer licence

(1) An artisan producer licence may be granted toconduct a business with either or both of thefollowing principal activities—

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(a) producing and selling craft beer undersection 75C;

(b) producing and selling artisan spirits undersection 75E.

(2) An artisan producer licence granted to conduct abusiness with the principal activity of producingand selling craft beer under section 75C is anartisan producer licence (beer) (whether or notthe business also has the principal activity ofproducing and selling artisan spirits under section75E).

(3) An artisan producer licence granted to conduct abusiness with the principal activity of producingand selling artisan spirits under section 75E is anartisan producer licence (spirits) (whether or notthe business also has the principal activity ofproducing and selling craft beer under section75C).

(4) The authority under an artisan producer licence tosell liquor does not apply unless a business isconducted on the licensed premises with 1 or bothof the principal activities mentioned in subsection(1).

(5) An artisan producer licence may be granted andheld to carry out the principal activity ofproducing and selling craft beer under section75C and the principal activity of producing andselling artisan spirits under section 75E at thesame licensed premises.

75C Principal activity of a business under an artisan producer licence (beer)

(1) The principal activity of a business conductedunder an artisan producer licence (beer) is theproduction and sale of craft beer on the licensedpremises for the licence in the followingcircumstances—

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(a) at least 2,500 litres of beer is produced, ineach financial year, at the licensed premises;

(b) no more than a combined total of 5 millionlitres of beer is produced, in each financialyear, by the licensee and any related bodycorporate of the licensee under any licence,including a licence issued under the law ofanother State;

(c) if the licensee does not also carry out theprincipal activity of producing and sellingartisan spirits under section 75E—at least70% of the licensee’s liquor sales measuredby value of sales, in each financial year, arefor craft beer produced on the licensedpremises;

(d) if the licensee also carries out the principalactivity of producing and selling artisanspirits under section 75E—at least 70% ofthe licensee’s liquor sales measured byvalue of sales, in each financial year, are forcraft beer and artisan spirits produced on thelicensed premises;

(e) if the licensee is a corporation—the licenseeis not related to a large brewer.

(2) For subsection (1)(d), the amount for which anentire cocktail is sold is counted in calculating thelicensee’s liquor sales.

(3) For subsection (1)(e), a licensee that is acorporation is related to a large brewer if—

(a) 20% or more of the corporation’s shares areowned by, or held in trust for, a large breweror a subsidiary of a large brewer; or

(b) 20% or more of the votes that may be cast ata general meeting of the corporation are ableto be cast by, or on behalf of, a large breweror a subsidiary of a large brewer.

(4) In this section—

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large brewer means a brewer that produces morethan 40 million litres of beer in any financial year.

75D Authority of artisan producer licence (beer)

(1) An artisan producer licence (beer) authorises thelicensee, during ordinary trading hours orapproved extended trading hours—

(a) to sell the following liquor on the licensedpremises for consumption on thepremises—

(i) craft beer produced on the premises;

(ii) craft beer produced off the premisesunder—

(A) another artisan producer licence(beer); or

(B) a relevant producer/wholesalerlicence;

(iii) artisan spirits produced off thepremises under—

(A) an artisan producer licence(spirits); or

(B) a relevant producer/wholesalerlicence;

(iv) wine produced under the authority of alicence under the Wine Industry Act1994; and

(b) to sell craft beer produced on the premisesfor consumption off the premises; and

(c) to sell craft beer, produced on the premises,by wholesale on the premises forconsumption off the premises; and

(d) to take orders for craft beer, produced on thepremises, online from the licensee’s websitefor consumption off the premises.

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(2) Also, an artisan producer licence (beer) authorisesthe licensee to sell craft beer to persons at apromotional event, under a condition of thelicence mentioned in section 75H, with thewritten consent of the organiser of thepromotional event.

(3) The authority under subsection (1) or (2) issubject to this Act and the conditions stated in aparticular licence.

(4) The authority under subsection (2) applies duringthe hours the promotional event takes place unlessa condition of the licence provides otherwise.

(5) In this section—

relevant producer/wholesaler licence means aproducer/wholesaler licence that contains acondition mentioned in section 74A(2)(c) or74B(2)(c).

75E Principal activity of a business under an artisan producer licence (spirits)

(1) The principal activity of a business conductedunder an artisan producer licence (spirits) is theproduction and sale of artisan spirits on thelicensed premises for the licence in the followingcircumstances—

(a) at least 400 litres of spirits is produced, ineach financial year, at the licensed premises;

(b) no more than a combined total of 450,000litres of spirits is produced, in each financialyear, by the licensee and any related bodycorporate of the licensee under any licence,including a licence issued under the law ofanother State;

(c) if the licensee does not also carry out theprincipal activity of producing and sellingcraft beer under section 75C—at least 70%

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of the licensee’s liquor sales measured byvalue of sales, in each financial year, are forartisan spirits produced on the licensedpremises;

(d) if the licensee also carries out the principalactivity of producing and selling craft beerunder section 75C—at least 70% of thelicensee’s liquor sales measured by value ofsales, in each financial year, are for craftbeer and artisan spirits produced on thelicensed premises;

(e) if the licensee is a corporation—the licenseeis not related to a large distiller.

(2) For subsection (1)(c) and (d), the amount forwhich an entire cocktail is sold is counted incalculating the licensee’s liquor sales.

(3) For subsection (1)(e), a licensee that is acorporation is related to a large distiller if—

(a) 20% or more of the corporation’s shares areowned by, or held in trust for, a largedistiller or a subsidiary of a large distiller; or

(b) 20% or more of the votes that may be cast ata general meeting of the corporation are ableto be cast by, or on behalf of, a large distilleror a subsidiary of a large distiller.

(4) In this section—

large distiller means a distiller that produces morethan 2 million litres of spirits in any financialyear.

75F Authority of artisan producer licence (spirits)

(1) An artisan producer licence (spirits) authorisesthe licensee, during ordinary trading hours orapproved extended trading hours—

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(a) to sell the following liquor on the licensedpremises for consumption on thepremises—

(i) artisan spirits produced on thepremises;

(ii) cocktails made using at least 1 of theartisan spirits produced on thepremises;

(iii) artisan spirits produced off thepremises under—

(A) another artisan producer licence(spirits); or

(B) a relevant producer/wholesalerlicence;

(iv) craft beer produced off the premisesunder—

(A) an artisan producer licence (beer);or

(B) a relevant producer/wholesalerlicence;

(v) wine produced under the authority of alicence under the Wine Industry Act1994; and

(b) to sell artisan spirits produced on thepremises for consumption off the premises;and

(c) to sell artisan spirits, produced on thepremises, by wholesale on the premises forconsumption off the premises; and

(d) to take orders for artisan spirits, produced onthe premises, online from the licensee’swebsite for consumption off the premises.

(2) Also, an artisan producer licence (spirits)authorises the licensee to sell artisan spirits topersons at a promotional event, under a condition

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of the licence mentioned in section 75I, with thewritten consent of the organiser of thepromotional event.

(3) The authority under subsection (1) or (2) issubject to this Act and the conditions stated in aparticular licence.

(4) The authority under subsection (2) applies duringthe hours the promotional event takes place unlessa condition of the licence provides otherwise.

(5) In this section—

relevant producer/wholesaler licence means aproducer/wholesaler licence that contains acondition mentioned in section 74A(2)(c) or74B(2)(c).

75G Restriction on grant of artisan producer licence

The commissioner may grant an artisan producerlicence if—

(a) the commissioner is satisfied that thebusiness to be conducted under the licenceon the licensed premises will have theprincipal activity as mentioned in section75C(1) or 75E(1); and

(b) for an artisan producer licence with theprincipal activity mentioned in section75C(1)—the licensee holds a brewerylicence within the meaning of the Excise Act1901 (Cwlth), section 77A in relation to thesale by the licensee of the licensee’s liquor;and

(c) for an artisan producer licence with theprincipal activity mentioned in section75E(1)—the licensee holds a manufacturerlicence within the meaning of the Excise Act

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1901 (Cwlth), section 4 in relation to thesale by the licensee of the licensee’s liquor.

75H Sale of craft beer at promotional event

(1) The commissioner may impose a condition on anartisan producer licence (beer) authorising thelicensee to—

(a) sell craft beer, produced by the licensee onthe licensed premises, to persons at apromotional event for consumption awayfrom the event; or

(b) sell craft beer, produced by the licensee onthe licensed premises, to persons at apromotional event for consumption at theevent for the purpose of sampling the craftbeer.

(2) The total volume of craft beer that may be sold toeach person at the promotional event, forconsumption away from the event, is 9 litresunless a further condition imposed on the artisanproducer licence (beer) under subsection (3)states otherwise.

(3) If the commissioner imposes a condition on thelicence under subsection (1), the commissionermay also impose further conditions on the licencein relation to—

(a) the total volume of craft beer that may besold to each person at a promotional eventfor consumption away from the event; or

(b) the total volume of craft beer that may besold to each person at the event for thepurpose of sampling; or

(c) the volume of each of the individual samplesthat may be sold to persons at the event.

(4) Unless a further condition imposed on the licencestates otherwise, a regulation may prescribe, for

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craft beer that may be sold to persons at apromotional event for consumption at the event—

(a) the total volume of craft beer that may besold to each person at the event for thepurpose of sampling; or

(b) the volume of each of the individual samplesthat may be sold to persons at the event.

(5) This section does not limit the power of thecommissioner, under part 5, to impose, amend orrevoke conditions on the licence.

(6) A condition imposed under this section applies tocraft beer produced by the licensee at thelicensee’s licensed premises.

75I Sale of artisan spirits at promotional event

(1) The commissioner may impose a condition on anartisan producer licence (spirits) authorising thelicensee to—

(a) sell artisan spirits, produced by the licenseeon the licensed premises, to persons at apromotional event for consumption awayfrom the event; or

(b) sell artisan spirits, produced by the licenseeon the licensed premises, to persons at apromotional event for consumption at theevent for the purpose of sampling the artisanspirits.

(2) The total volume of artisan spirits that may besold to each person at the promotional event, forconsumption away from the event, is 1.5 litresunless a further condition imposed on the artisanproducer licence (spirits) under subsection (3)states otherwise.

(3) If the commissioner imposes a condition on thelicence under subsection (1), the commissionermay also impose further conditions on the licence

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in relation to—

(a) the total volume of artisan spirits that maybe sold to each person at a promotionalevent for consumption away from the event;or

(b) the total volume of artisan spirits that maybe sold to each person at the event for thepurpose of sampling; or

(c) the volume of each of the individual samplesthat may be sold to persons at the event.

(4) Unless a further condition imposed on the licencestates otherwise, a regulation may prescribe, forartisan spirits that may be sold to persons at apromotional event for consumption at the event—

(a) the total volume of artisan spirits that maybe sold to each person at the event for thepurpose of sampling; or

(b) the volume of each of the individual samplesthat may be sold to persons at the event.

(5) This section does not limit the power of thecommissioner, under part 5, to impose, amend orrevoke conditions on the licence.

(6) A condition imposed under this section applies toartisan spirits produced by the licensee at thelicensee’s licensed premises.

75J Venue of promotional event not licensed premises for artisan producer licence

(1) This section applies if the licensee for an artisanproducer licence is authorised under section75D(2) to sell craft beer, or section 75F(2) to sellartisan spirits, to persons at a promotional event.

(2) The place at which the licensee sells craft beer orartisan spirits at the promotional event is notlicensed premises.

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(3) However, a relevant part 6 provision applies as ifa reference in the provision to the licensedpremises, or premises to which a licence relates,includes—

(a) if the commissioner imposes a condition onthe artisan producer licence defining thearea at the venue of the event in which thecraft beer or artisan spirits may be sold bythe licensee to persons at the event—thearea defined in the condition; or

(b) otherwise—the area, at the venue of theevent, allocated by the organiser of the eventto the licensee for the purpose of sellingcraft beer or artisan spirits at the event.

(4) Also, section 142ZZC applies to the licensee as ifsubsection (2)(b) of that section were omitted.

(5) In this section—

relevant part 6 provision see section 75A(5).

14 Amendment of s 86 (Hours to which application may relate etc.)

(1) Section 86(1A), after ‘subsidiary on-premises licence(meals)’—

insert—

, artisan producer licence

(2) Section 86(1B), after ‘subsidiary on-premises licence(meals)’—

insert—

or artisan producer licence

(3) Section 86(2A), after ‘commercial hotel licence,’—

insert—

artisan producer licence,

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15 Amendment of s 100 (Available permits)

Section 100—

insert—

(h) an artisan spirits producer permit.

16 Amendment of s 101 (Definitions for div 2)

(1) Section 101, definition licence—

insert—

(e) artisan producer licence.

(2) Section 101, definition public event—

omit, insert—

public event see section 101AA.

17 Insertion of new s 101AA

After section 101—

insert—

101AA Meaning of public event

(1) A public event, in relation to a licensee, means anevent or occasion held at premises other than thelicensee’s main premises, that is not a privateevent.Examples of a public event—

a festival, public ball, race meeting, rock concert

(2) The commissioner may make a guideline undersection 42A that includes examples of publicevents.

18 Amendment of s 103B (Authority of commercial public event permit)

Section 103B—

insert—

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(3) The authority of a commercial public event permitfor an artisan producer licence is restricted to thesale of craft beer or artisan spirits produced by thelicensee on the licensee’s premises.

19 Amendment of s 103W (Authority of craft beer producer permit)

(1) Section 103W(1)(b)—

omit, insert—

(b) sell craft beer, produced by the permittee atthe permittee’s craft brewery, to persons at apromotional event, for consumption at theevent for the purpose of sampling the craftbeer, if the organiser of the promotionalevent has given the permittee writtenconsent to sell samples of craft beer topersons at the event.

(2) Section 103W—

insert—

(1A) The authority under subsection (1) applies duringthe hours the promotional event takes place unlessa condition of the permit provides otherwise.

(3) Section 103W(3), ‘and supplied’—

omit.

(4) Section 103W(1A) to (4)—

renumber as section 103W(2) to (5).

20 Amendment of s 103X (Restriction on grant of craft beer producer permit)

(1) Section 103X(1)(b), ‘or supply’—

omit.

(2) Section 103X(2)—

omit, insert—

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(2) However, the commissioner may only grant acraft beer producer permit if no more than acombined total of 5 million litres of beer isproduced, in each financial year, by the licenseeand any related body corporate of the licenseeunder any licence, including a licence issuedunder the law of another State.

21 Amendment of s 103Z (Premises to which craft beer producer permit relates)

(1) Section 103Z(a), ‘or supplied’—

omit.

(2) Section 103Z(b), ‘or supplying’—

omit.

22 Amendment of s 103ZA (Conditions on craft beer producer permits)

(1) Section 103ZA(1)(b)—

omit, insert—

(b) for craft beer that may be sold to persons ata promotional event, for consumption at theevent for the purpose of sampling the craftbeer—

(i) the total volume of craft beer that maybe sold to each person at the event forthe purpose of sampling; or

(ii) the volume of each of the individualsamples that may be sold to persons atthe event.

(2) Section 103ZA—

insert—

(1A) Unless a condition imposed on the permit undersubsection (1)(b) states otherwise, a regulationmay prescribe, for craft beer that may be sold to

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persons at a promotional event for consumption atthe event—

(a) the total volume of craft beer that may besold to each person at the event for thepurpose of sampling; or

(b) the volume of each of the individual samplesthat may be sold to persons at the event.

(3) Section 103ZA(1A) and (2)—

renumber as section 103ZA(2) and (3).

23 Insertion of new pt 4A, div 9

Part 4A—

insert—

Division 9 Artisan spirits producer permits

103ZB Authority of artisan spirits producer permit

(1) An artisan spirits producer permit authorises thepermittee to—

(a) sell artisan spirits, produced by thepermittee at the permittee’s artisan distillery,to persons at a promotional event, with thewritten consent of the organiser of the event,for consumption away from the event; or

(b) sell artisan spirits, produced by thepermittee at the permittee’s artisan distillery,to persons at a promotional event, forconsumption at the event for the purpose ofsampling the artisan spirits, if the organiserof the promotional event has given thepermittee written consent to sell samples ofartisan spirits to persons at the event.

(2) The authority under subsection (1) applies during

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the hours the promotional event takes place unlessa condition of the permit provides otherwise.

(3) An artisan spirits producer permit applies—

(a) if the permit is granted for a singlepromotional event—during the promotionalevent; or

(b) if the permit is granted for a recurringpromotional event—during each occurrenceof the event—

(i) while the permit is in force; and

(ii) only if, for each occurrence—

(A) the same place is used; and

(B) the type of event remains thesame.

Example of a recurring promotional event—

a fortnightly farmers market

(4) For subsection (1)(a), unless a condition imposedon the permit states otherwise, the total volume ofartisan spirits that may be sold to each person atthe promotional event, for consumption awayfrom the event, is 1.5 litres.

(5) An artisan spirits producer permit is subject to theconditions stated in the permit.

103ZC Restriction on grant of artisan spirits producer permit

(1) The commissioner may grant an artisan spiritsproducer permit only—

(a) to the operator of an artisan distillery; and

(b) if the commissioner is satisfied the operatorwill only sell, to persons at the promotionalevent that is the subject of the permit, artisanspirits produced at the operator’s artisandistillery.

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(2) However, the commissioner may only grant anartisan spirits producer permit if no more than acombined total of 450,000 litres of spirits isproduced, in each financial year, by the licenseeand any related body corporate of the licenseeunder any licence, including a licence issuedunder the law of another State.

103ZD Duration of artisan spirits producer permit

An artisan spirits producer permit—

(a) is issued for the term stated in it, of notlonger than 3 months, unless it is soonersurrendered, suspended or cancelled underthis Act; and

(b) is not renewable; and

(c) is not transferable.

103ZE Premises to which artisan spirits producer permit relates

The following area is taken to be the premises towhich an artisan spirits producer permit relates—

(a) if the commissioner imposes a condition onthe permit defining the area, at the venue ofthe promotional event the subject of thepermit, in which the artisan spirits may besold by the permittee to persons at theevent—the area defined in the condition;

(b) otherwise—the area, at the venue of theevent, allocated by the organiser of the eventto the permittee for the purpose of sellingartisan spirits produced by the permittee topersons at the event.

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103ZF Conditions on artisan spirits producer permits

(1) The commissioner may impose conditions on anartisan spirits producer permit in relation to thefollowing—

(a) the total volume of the permittee’s artisanspirits that may be sold to each person at apromotional event for consumption awayfrom the event;

(b) for artisan spirits that may be sold to personsat a promotional event, for consumption atthe event for the purpose of sampling theartisan spirits—

(i) the total volume of artisan spirits thatmay be sold to each person at the eventfor the purpose of sampling; or

(ii) the volume of each of the individualsamples that may be sold to persons atthe event.

(2) Unless a condition imposed on the permit undersubsection (1)(b) states otherwise, a regulationmay prescribe, for artisan spirits that may be soldto persons at a promotional event for consumptionat the event—

(a) the total volume of artisan spirits that maybe sold to each person at the event for thepurpose of sampling; or

(b) the volume of each of the individual samplesthat may be sold to persons at the event.

(3) This section does not limit the power of thecommissioner, under part 5, to impose, amend orrevoke conditions on a permit.

24 Replacement of s 148AB (Restriction on sale of craft beer)

Section 148AB—

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omit, insert—

148AB Restriction on sale of craft beer and artisan spirits

(1) This section applies to a licensee’s or permittee’ssale of craft beer or artisan spirits to persons at apromotional event.

(2) If the sale of craft beer or artisan spirits is forconsumption away from the promotional event,the licensee or permittee must not sell the craftbeer or artisan spirits in unsealed containers.

Maximum penalty—100 penalty units.

(3) The licensee or permittee must not sell the craftbeer or artisan spirits in a volume that exceeds—

(a) for a producer/wholesaler licence—

(i) if the commissioner imposed a limitunder section 74A(6)(a) or (b)(i) or (ii)or 74B(6)(a) or (b)(i) or (ii)—the limitimposed by the commissioner; or

(ii) otherwise—the limit provided under aregulation made under section74A(7)(a) or (b) or 74B(7)(a) or (b); or

(b) for an artisan producer licence (beer)—

(i) if the commissioner imposed a limitunder section 75H(3)(a), (b) or (c)—the limit imposed by the commissioner;or

(ii) otherwise—the limit provided under aregulation made under section75H(4)(a) or (b); or

(c) for an artisan producer licence (spirits)—

(i) if the commissioner imposed a limitunder section 75I(3)(a), (b) or (c)—thelimit imposed by the commissioner; or

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(ii) otherwise—the limit provided under aregulation made under section75I(4)(a) or (b); or

(d) for a craft beer producer permit—

(i) if the commissioner imposed a limitunder section 103ZA(1)(a) or (b)(i) or(ii)—the limit imposed by thecommissioner; or

(ii) otherwise—the limit provided under aregulation made under section103ZA(2)(a) or (b); or

(e) for an artisan spirits producer permit—

(i) if the commissioner imposed a limitunder section 103ZF(1)(a) or (b)(i) or(ii)—the limit imposed by thecommissioner; or

(ii) otherwise—the limit provided under aregulation made under section103ZF(2)(a) or (b).

Maximum penalty—100 penalty units.

25 Insertion of new ss 150A and 150B

After section 150—

insert—

150A Notification of change—artisan producer licence (beer)

(1) This section applies if the holder of an artisanproducer licence (beer) is a corporation.

(2) The licensee must give the commissioner writtennotice under this section if—

(a) a non-large brewer to which the licensee isrelated becomes a large brewer; or

(b) the licensee becomes related to a brewer thatis a large brewer.

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Maximum penalty—100 penalty units.

(3) A notice under subsection (2)(a) must be givenwithin 14 days of the end of the financial year inwhich the brewer becomes a large brewer.

(4) A notice under subsection (2)(b) must be givenwithin 14 days of the day the licensee becomesrelated to the large brewer.

(5) For subsection (2), a licensee that is a corporationis related to a brewer if—

(a) 20% or more of the corporation’s shares areowned by, or held in trust for, the brewer ora subsidiary of the brewer; or

(b) 20% or more of the votes that may be cast ata general meeting of the corporation are ableto be cast by, or on behalf of, the brewer or asubsidiary of the brewer.

(6) In this section—

large brewer means a brewer that produces morethan 40 million litres of beer in any financial year.

non-large brewer means a brewer other than alarge brewer.

150B Notification of change—artisan producer licence (spirits)

(1) This section applies if the holder of an artisanproducer licence (spirits) is a corporation.

(2) The licensee must give the commissioner writtennotice under this section if—

(a) a non-large distiller to which the licensee isrelated becomes a large distiller; or

(b) the licensee becomes related to a distillerthat is a large distiller.

Maximum penalty—100 penalty units.

(3) A notice under subsection (2)(a) must be given

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within 14 days of the end of the financial year inwhich the distiller becomes a large distiller.

(4) A notice under subsection (2)(b) must be givenwithin 14 days of the day the licensee becomesrelated to the large distiller.

(5) For subsection (2), a licensee that is a corporationis related to a distiller if—

(a) 20% or more of the corporation’s shares areowned by, or held in trust for, the distiller ora subsidiary of the distiller; or

(b) 20% or more of the votes that may be cast ata general meeting of the corporation are ableto be cast by, or on behalf of, the distiller ora subsidiary of the distiller.

(6) In this section—

large distiller means a distiller that produces morethan 2 million litres of spirits in any financialyear.

non-large distiller means a distiller other than alarge distiller.

26 Amendment of s 155 (Minors on premises)

Section 155(4), definition exempt minor, paragraph (d), after‘craft beer producer permit’—

insert—

, artisan spirits producer permit

27 Amendment of s 155AC (Application of div 1A)

Section 155AC(1)(b)—

insert—

(iii) an artisan spirits producer permitrelates.

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Clause 12

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28 Amendment of s 172 (Offer to purchase liquor made elsewhere than at licensed premises)

(1) Section 172(2)—

omit, insert—

(2) Subsection (1) does not apply to orders taken orreceived for—

(a) the wholesale sale of liquor to a personmentioned in section 75(1) by the holder ofa producer/wholesaler licence or artisanproducer licence; or

(b) the sale of craft beer at a promotional eventby the holder of—

(i) a producer/wholesaler licenceauthorised under section 73(2)(a) tosell craft beer at the event; or

(ii) an artisan producer licence (beer)authorised under section 75H(1)(a) tosell craft beer at the event; or

(iii) a craft beer producer permit; or

(c) the sale of artisan spirits at a promotionalevent by the holder of—

(i) a producer/wholesaler licenceauthorised under section 73(2)(a) tosell artisan spirits at the event; or

(ii) an artisan producer licence (spirits)authorised under section 75I(1)(a) tosell artisan spirits at the event; or

(iii) an artisan spirits producer permit; or

(d) the sale of craft beer by the holder of anartisan producer licence (beer) online fromthe licensee’s website; or

(e) the sale of artisan spirits by the holder of anartisan producer licence (spirits) online fromthe licensee’s website.

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(2) Section 172(4), after ‘producer permit’—

insert—

or artisan spirits producer permit

29 Amendment of s 203 (Filing of returns)

(1) Section 203(3), from ‘in relation to’ to ‘the licence period.’—

omit, insert—

in relation to—

(a) all liquor sold under authority of the licenceduring the licence period; and

(b) promotional events attended by the licenseeduring the licence period.

(2) Section 203—

insert—

(3A) Further, the licensee under an artisan producerlicence must, within 21 days after the end of alicence period, file with the commissioner a returnin relation to—

(a) all liquor sold under authority of the licenceduring the licence period; and

(b) all liquor produced under authority of thelicence during the licence period; and

(c) if the licensee is a corporation—

(i) the ownership of the licensee; and

(ii) the owner’s production, if any, ofliquor; and

(d) promotional events attended by the licenseeduring the licence period.

Maximum penalty—25 penalty units.

(3) Section 203(4) and (5), ‘or (3)’—

omit, insert—

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, (3) or (4)

(4) Section 203(6), ‘subsection (5)’—

omit, insert—

subsection (6)

(5) Section 203(6), penalty, ‘subsection (6)’—

omit, insert—

subsection (7)

(6) Section 203(3A) to (6)—

renumber as section 203(4) to (7).

30 Amendment of s 217 (Records to be kept by licensee)

(1) Section 217(1), ‘the transactions’—

omit, insert—

a transactions

(2) Section 217—

insert—

(1A) Also, a licensee under an artisan producer licencemust make and maintain a true and up-to-daterecord (a production record) of volumes of liquorproduced by the licensee.

Maximum penalty—350 penalty units.

(3) Section 217(2), ‘The transactions record’—

omit, insert—

A transactions record or production record

(4) Section 217(4A), ‘licensee under a producer/wholesalerlicence, or a permittee under a craft beer producer permit,(each a producer)’—

omit, insert—

permittee under a craft beer producer permit (aproducer)

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(5) Section 217(4A)(b)—

omit, insert—

(b) sells, to persons at the event, craft beerproduced by the producer for the purpose ofsampling the craft beer.

(6) Section 217, after subsection (4A)—

insert—

(4AA) A permittee under an artisan spirits producerpermit (also a producer) must make and maintaina correct and up-to-date record (also apromotional events record) of each promotionalevent at which the producer—

(a) sells, to persons at the event, artisan spiritsproduced by the producer for consumptionaway from the event including, for example,by taking or receiving, or causing orpermitting an agent or employee to take orreceive, orders for the producer’s artisanspirits; or

(b) sells, to persons at the event, artisan spiritsproduced by the producer for the purpose ofsampling the artisan spirits.

Maximum penalty—350 penalty units.

(7) Section 217(4B)(b), ‘section 73(2)(a)(ii) or (b)(ii), or section103W(1)(a) or (b)’—

omit, insert—

section 103W(1) or 103ZB(1)

(8) Section 217(4B)(c), after ‘craft brewery’—

insert—

or artisan distillery

(9) Section 217(5)(a), after ‘transactions record’—

insert—

or production record

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31 Amendment of s 228C (Inconsistency with authority to sell or supply craft beer and authority under commercial special facility licence)

(1) Section 228C, heading, ‘or supply craft beer’—

omit, insert—

craft beer or artisan spirits

(2) Section 228C(1)(a)—

omit, insert—

(a) the sale of craft beer or artisan spirits topersons at a promotional event is authorisedunder any of the following—

(i) a producer/wholesaler licence;

(ii) an artisan producer licence;

(iii) a craft beer producer permit;

(iv) an artisan spirits producer permit; and

32 Insertion of new pt 12, div 22

Part 12—

insert—

Division 22 Transitional provisions for Liquor (Artisan Liquor) Amendment Act 2020

355 Transition to artisan producer licence

(1) The holder of a licence (an existing licence) may,on or before 30 June 2021, apply to thecommissioner to transition the licence to anartisan producer licence.

(2) The following sections apply to the application—

(a) sections 105 and 105A;

(b) sections 116 to 118;

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(c) sections 118A to 121;

(d) sections 122 to 124.

(3) However, no fee is payable under section105(1)(d) in relation to the application if theexisting licence is a producer/wholesaler licence.

(4) The commissioner may grant the application onlyif satisfied the licensee is eligible for an artisanproducer licence under this Act.

(5) If the commissioner grants the application—

(a) the existing licence ceases to apply to thelicensee and the licensed premises; and

(b) an artisan producer licence applies to thelicensee and the licensed premises; and

(c) the conditions applying to the existinglicence apply to the artisan producer licence;and

(d) a permit granted under this Act to thelicensee continues to be held by thelicensee; and

(e) to the extent that extended trading hoursmay be approved for an artisan producerlicence under this Act, any extended tradinghours approval for the existing licence istaken to be an extended trading hoursapproval for the artisan producer licence.Example—

A producer/wholesaler licence has extendedtrading hours approval for trading until 2a.m. Theextended trading hours approval for thereplacement artisan producer licence will be until1a.m.

(6) Section 107C applies for the purpose of thecommissioner imposing conditions on the artisanproducer licence.

(7) Subsection (5)(c) does not prevent thecommissioner from changing the conditions

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mentioned in that subsection.

356 No fee payable for application for s 74A(2)(c) condition

(1) This section applies if—

(a) a producer/wholesaler licence contains acondition mentioned in section 74A(2)(a) orrepealed section 74A(2)(b); and

(b) the holder of the licence applies, on orbefore 30 June 2021, for a conditionmentioned in section 74A(2)(c) to beimposed on the licence.

(2) No fee is payable under section 105(1)(d) for theapplication for the condition to be imposed.

(3) In this section—

repealed section 74A(2)(b) means section74A(2)(b) as in force from time to time before thecommencement.

© State of Queensland 2020

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