price and supply control - nested
Legal protection for using price or supply controls
Licensees who implement price or supply controls (i.e. minimum sale prices or supply restrictions) on alcoholic drinks may risk reducing competition under the Competition and Consumer Act 2010 (CCA).
However, exemptions from the competition provisions within the CCA may be available for liquor accords and safe night precinct local boards in certain circumstances.
Liquor accords and SNP local boards may adopt price or supply controls where relevant alcohol-related problems have been identified in their communities and the controls are agreed to be necessary to minimise harm.
Registering a price or supply control
Initiatives proposing to control price or supply must be registered with the Office of Liquor and Gaming Regulation.
Before applying, you need to consult with stakeholders.
Complete the Registration of price control or supply control form and email it to OLGRstakeholder@justice.qld.gov.au (with relevant supporting documents, if applicable).
Initiatives that mirror a control under the Liquor Act 1992 will be automatically registered.
For example, members agree licensed venues will refuse to supply liquor to anyone who is unduly intoxicated or disorderly. This would be considered a mirror control because section 156(1)(e) of the Liquor Act already prohibits this practice.
The Commissioner for Liquor and Gaming will determine whether to register another type of initiative. The Commissioner needs to be satisfied it is:
- appropriate for reducing the alcohol-related problem
- proportionate to the problem.
Supporting documents
You need to provide supporting documents with your application, for example:
- the meeting minutes, resolution or agreement where members agreed to seek registration of the control
- a list of all licensees who agreed to the control
- information and data about the local alcohol-related issues, including from the Queensland Police Service, Queensland Ambulance Service or patron support services
- evidence of consultation with and support from local licensees and stakeholders
- a description of issues from local licensees and stakeholders
- a description of the identified harms the control will address.
Contact us
To check if your initiative is a control that must be registered, contact OLGRstakeholder@justice.qld.gov.au.