On January 23, 2017, the Queensland Government announced that it
has backed down on its decision to introduce a 1am lockout for
licensed venues located within designated 3am Safe Night
The lockout laws, which were set to commence from February 1,
2017, will no longer proceed after the Government voted to wind
back its original decision to introduce the lockout for relevant
In its place, the Government has decided to introduce mandatory
ID scanning for venues that trade after 12 midnight within safe
night precincts. The new laws will commence from July 1, 2017.
Under the new regime, licensees of premises that permanently
trade past 12 midnight within safe night precincts will be required
to install networked ID scanners by July 1, 2017. Venues located
within all Queensland safe night precincts will be allowed to trade
liquor until 3:00am, depending on the approved trading hours under
their liquor licence.
While the operational requirements for ID scanning at venues
have not yet been released by the OLGR, under the current
legislation, a licensee must have networked ID scanners and must
arrange the scanners with an approved operator. These operators are
independent providers of networked ID scanning systems that have
been evaluated and approved by the OLGR.
All scanning equipment must be evaluated and approved according
to OLGR's requirements and the obligation is on each venue to
ensure that only approved equipment is installed. The OLGR can
provide advice to licensees about approved operators and equipment
Licensees and approved operators who have ID scanning are
required to comply with relevant privacy legislation to safeguard
the handling of the personal information obtained through the ID
scanning equipment. The OLGR has advised that it will provide
licensees with further information regarding their privacy
obligations at the time of the implementation of the new ID
In addition to the introduction of mandatory ID scanning, the
Government has announced that the new rules will also reduce the
number of one-off permits available to venues located within safe
night precincts to serve alcohol past 3:00am, from 12 to 6 per
year. Licensees outside safe night precincts will still be able to
apply for up to 12 permits a year.
Tighter restrictions will also be placed on licensees when
seeking to apply for these permits, including that the permits will
now only be granted for special events, such as unique or
infrequent events of significance. The frequency of these permits
will also be restricted, except where there is a legitimate use.
The OLGR will release further information regarding the definition
of 'special occasion' at a later date.
The Government has said that the new laws will be assessed again
in early 2018. In the meantime, the Government intends to introduce
a Bill to Parliament from February 2017 which will propose that the
changes operate retrospectively to February 1, 2017. The OLGR has
advised that licensees will be contacted directly when the details
of the operational requirements for ID scanning and privacy
obligations become available.
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