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The new framework for stopping scams before they start
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Australia | Publication | January 2016
Alcohol-fuelled violence has consistently been a hot topic in Australian media in recent times and one which the Queensland Government has indicated it wishes to confront. The issue has unfortunately again been brought into focus in the new year with the tragic death of a teenager in Brisbane as a result of a ‘coward punch’ by men who were allegedly affected by alcohol. In order to address the issue of alcohol-fuelled violence, the Attorney – General and Minister for Justice and Minister for Training and Skills, Yvette D’Ath introduced the Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 (the Bill) into Parliament in November 2015. Notably, the Bill seeks to reduce allowable extended trading hours for most licensed premises, amend the existing lockout provisions under the Liquor Act 1992 (Qld) (the Act) and introduce the concept of “3 am safe night precincts”.
Amongst other statutory amendments, the Bill seeks to amend the Act by:
The Bill also amends the Gaming Machine Act 1991 (Qld) so that gaming hours and liquor consumption hours are no longer linked. Key changes include:7
A Parliamentary Committee is currently reviewing the Bill and is required to report to Parliament by 8 February 2016. There are public hearings scheduled on 21 January 2016, 22 January 2016 and 1 February 2016. If the Committee completes its review by the deadline and the Bill is passed and assented to, the Act will come into effect on 1 July 2016.8
The Labor State Government has renewed its push to pass the new liquor licensing laws and is seeking bipartisan support. When the Bill was first introduced, the general industry consensus was that the legislative changes would not be passed by Parliament; however, this may now not be the case. Politically, it may be difficult for the Liberal National Party opposition not to support the proposed changes in light of overwhelming public outcry against the most recent senseless death of Cole Miller in Brisbane.
Some of the practical consequences of the proposed amendments to the Act include:
Commercial special facilities licensees and casino operators may benefit commercially because their trading hours will not be reduced and therefore may lawfully trade to 5 am regardless of whether such venues are located in a 3 am Safe Night Precinct10. As a consequence there now may be an added impetus for a new entrant in the hospitality industry to apply for a commercial special facilities licence, or for an existing holder of a liquor licence to convert it to a commercial special facilities licence. However, in order to be granted a commercial special facilities licence, the venue must either be a casino, airport, convention centre or other facility that makes a significant contribution to developing tourism in Queensland.11 Businesses that may wish to apply for a commercial special facilities licence to take advantage of these potential trading advantages will need to carefully consider whether they are able to meet the requirements.
Tackling Alcohol-fuelled Violence Legislation Amendment Bill 2015 (Qld) 1RS, 2891; Explanatory Notes, Tackling Alcohol-fuelled Violence Legislation Amendment Bill 2015 (Qld), 3, 16, 17; Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 (Qld) cl 29, 54.
Explanatory Notes, Tackling Alcohol-fuelled Violence Legislation Amendment Bill 2015 (Qld), 2, 24; Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 (Qld) cl 62.
Tackling Alcohol-fuelled Violence Legislation Amendment Bill 2015 (Qld) 1RS, 2891; Explanatory Notes, Tackling Alcohol-fuelled Violence Legislation Amendment Bill 2015 (Qld), 2; Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 (Qld) cl 31, 38.
Explanatory Notes, Tackling Alcohol-fuelled Violence Legislation Amendment Bill 2015 (Qld), 4; Tackling Alcohol-fuelled Violence Legislation Amendment Bill 2015 (Qld) 1RS, 2892; Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 (Qld) cl 43, 49.
Explanatory Notes, Tackling Alcohol-fuelled Violence Legislation Amendment Bill 2015 (Qld), 3 – 4; Tackling Alcohol-fuelled Violence Legislation Amendment Bill 2015 (Qld) 1RS, 2892; Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 (Qld) cl 62.
Explanatory Notes, Tackling Alcohol-fuelled Violence Legislation Amendment Bill 2015 (Qld),13; Tackling Alcohol-fuelled Violence Legislation Amendment Bill 2015 (Qld) 1RS, 2893; Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 (Qld) cl 42, 62, 66.
Explanatory Notes, Tackling Alcohol-fuelled Violence Legislation Amendment Bill 2015 (Qld), 4; Tackling Alcohol-fuelled Violence Legislation Amendment Bill 2015 (Qld) 1RS, 2892.
The Queensland Parliament, Tackling Alcohol-fuelled Violence Legislation Amendment Bill 2015, (7 January 2016) - The Queensland Parliament.
Explanatory Notes, Tackling Alcohol-fuelled Violence Legislation Amendment Bill 2015 (Qld), 3.
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 (Qld) cl 29, 62.
The Queensland Government, Types of liquor and wine licences,(12 January 2016) - The Queensland Government
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Scams are a global phenomenon and no business is immune. In addition to reputational damage and a likely increase in customer complaints.
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