2008‑2009‑2010
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Responsible Takeaway Alcohol Hours Bill 2010
No. , 2010
(Senator Fielding)
A Bill for an Act to restrict the hours during which takeaway alcoholic beverages can be sold, and for related purposes
Contents
Part 1—Preliminary 1
1............ Short title............................................................................................ 1
2............ Commencement.................................................................................. 2
3............ Interpretation...................................................................................... 2
4............ Constitutional basis for Act............................................................... 2
5............ Concurrent operation of State and Territory laws............................. 2
6............ Application of Act............................................................................. 2
Part 2—Offences 3
7............ Offences.............................................................................................. 3
8............ Restriction on selling takeaway alcoholic beverages........................... 3
9............ Restriction on permitting the sale of takeaway alcoholic beverages... 3
Part 3—Miscellaneous 4
10.......... Regulations......................................................................................... 4
A Bill for an Act to restrict the hours during which takeaway alcoholic beverages can be sold, and for related purposes
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act may be cited as the Responsible Takeaway Alcohol Hours Act 2010.
2 Commencement
This Act commences on the day after it receives the Royal Assent.
3 Interpretation
In this Act:
alcoholic beverage includes any beverage with any level of alcoholic content.
corporation means a body corporate that:
(a) is a foreign corporation; or
(b) is a trading corporation formed within the limits of Australia or is a financial corporation so formed; or
(c) is incorporated in a Territory; or
(d) is the holding company of a body corporate of a kind referred to in paragraph (a), (b) or (c).
takeaway alcoholic beverage means any alcoholic beverage, sold in bottles or cans, for consumption in any place other than the premises in which the product is sold, and includes any package containing multiple bottles or cans.
4 Constitutional basis for Act
This Act relies on:
(a) the Commonwealth’s legislative powers under paragraph 51(xx) and section 122 of the Constitution; and
(b) any implied legislative powers of the Commonwealth.
5 Concurrent operation of State and Territory laws
This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.
6 Application of Act
This Act extends to every external territory.
Part 2—Offences
7 Offences
(1) A corporation that contravenes a provision of this Part commits an offence.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(2) The offence is punishable on conviction by a fine not exceeding 100 penalty units.
8 Restriction on selling takeaway alcoholic beverages
A corporation must not sell takeaway alcoholic beverages during the period from midnight to 7am on any day.
9 Restriction on permitting the sale of takeaway alcoholic beverages
A corporation must not permit any person to sell takeaway alcoholic beverages during the period from midnight to 7am on any day from any premises owned, operated, leased or otherwise controlled by the corporation.
Part 3—Miscellaneous
10 Regulations
The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.