The Australian Competition and Consumer Commission has granted interim authorisation to the State of Queensland, acting through the Office of Liquor and Gaming, for its pro-forma liquor accord.
The pro-forma liquor accord was authorised by the ACCC in 2010 for a period of three years. Interim authorisation effectively extends the existing authorisation while the ACCC considers an application for re-authorisation.
Liquor accords are agreements between licensed premises, local government, police and other local stakeholders to curb alcohol-related harms. They can contain various strategies, including to combat underage drinking, improve security for patrons and to promote the responsible service of alcohol. If liquor accords contain provisions such as price and supply controls, they may raise issues under the Competition and Consumer Act 2010 and therefore require authorisation.
"The interim authorisation enables local regions in Queensland to continue to implement the pro-forma accord while the ACCC considers the substantive application for authorisation," ACCC Commissioner Dr Jill Walker said.
“The pro-forma accord has been designed by the Office of Liquor and Gaming so that groups in local areas of Queensland can adopt the terms of the pro-forma in their own accords. The ACCC understands that Townsville is currently the only local region of Queensland that is implementing price and supply controls contained in the pro-forma liquor accord.”
The ACCC may review the interim authorisation at any time and this decision should not be taken to be indicative of whether or not final authorisation will be granted.
Authorisation provides immunity from court action for conduct that might otherwise raise concerns under the competition provisions of the Competition and Consumer Act 2010. Broadly, the ACCC may grant an authorisation when it is satisfied that the public benefit from the conduct outweighs any public detriment.
The ACCC has sought submissions from interested parties on the substantive application for authorisation made by the Office of Liquor and Gaming. A draft decision on the substantive application is expected by January 2014.