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Liquor and Accommodation Act 1990 (No. 44 of 1990)
Requested:  20 May 2013
Consolidated as at:  Sessional

PART 1 - Preliminary

1. Short title

This Act may be cited as the Liquor and Accommodation Act 1990.

2. Commencement

The provisions of this Act commence on a day to be proclaimed.

3. Interpretation

In this Act, unless the contrary intention appears –

abstract, in respect of a licensee, means an abstract of the licensee's records;

accommodation licence means a licence that authorizes the provision of tourist accommodation;

accommodation permit means a permit that authorizes the provision of tourist accommodation;

accommodation standards means accommodation standards formulated and published by the Board in accordance with section 109;

appellation wine has the meaning given to that expression by virtue of section 160;

authorized officer, in respect of a provision of this Act, means a person appointed to be an authorized officer by the Commissioner for the purpose of that provision;

Board means the Licensing Board established by this Act;

club licence means a liquor licence referred to in section 10;

Commissioner means the Commissioner for Licensing;

contravene includes fail to comply with;

general liquor exemption means a general liquor exemption published in accordance with section 16;

licence means a valid licence granted under this Act;

licence fee includes any termination payment payable in accordance with section 99 and any supplementary or additional licence fee and any interest payable on any licence fee;

licensed premises means –

(a) premises specified in a liquor licence as premises on which liquor may be sold; and

(b) in respect of the holder of a liquor licence – the premises specified in the liquor licence –

and includes any part of those premises;

licensee means the holder of a licence;

light beer means beer with an alcoholic content of not less than 0·5% and not more than 3·5% by volume at a temperature of 20° C;

liquor means a beverage (other than a medicine) that –

(a) is intended for human consumption; and

(b) has an alcoholic content greater than 0·5 per cent by volume when at a temperature of 20 degrees Celsius;

liquor guidelines means liquor guidelines formulated and published by the Board in accordance with section 17;

liquor licence means a licence that authorizes the sale of liquor;

liquor permit means a permit that authorizes the sale of liquor;

liquor restriction order means an order made by the Board in accordance with section 39;

local wine means wine produced from fruit of which at least 85% was grown in Tasmania;

obtained includes produced;

off-licence means a liquor licence referred to in section 9;

off-permit means a liquor permit referred to in section 14;

on-licence means a liquor licence referred to in section 8;

on-permit means a liquor permit referred to in section 13;

out-of-hours permit means a liquor permit referred to in section 12;

permit means a valid permit granted under this Act;

premises includes –

(a) land, whether or not covered by buildings; and

(b) any structure, whether or not attached to land; and

(c) a means of transport; and

(d) a part of premises;

records, in respect of a licensee, means the records kept by the licensee in accordance with this Act;

reduced alcohol wine means wine with an alcoholic content of not less than 0·5% and not more than 6·5% by volume at a temperature of 20° C;

sell means sell by wholesale or retail and includes –

(a) offer, display or expose for sale; and

(b) keep or have in possession for sale; and

(c) barter or exchange; and

(d) deal in or agree to sell; and

(e) supply, send, forward or deliver for sale or for or in expectation of receiving any payment or other consideration; and

(f) authorize, direct, cause, attempt or permit any act referred to in paragraphs (a), (b), (c), (d) or (e);

special licence means a liquor licence referred to in section 11;

Tasmanian wine means wine in which all the juice used to make the wine was produced from produce produced in Tasmania;

tourist accommodation has the meaning given to that expression by virtue of section 104;

wine producers licence means a licence granted in accordance with section 163;

wine standard means a wine standard formulated and published by the Commissioner in accordance with section 171.

4. Act to bind Crown

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.