Division 1Division 1 Responsible service of alcohol (RSA) training
(1) In this Division:approved RSA training course means a course of training with respect to the responsible service of alcohol that is approved by the Director-General under this Division in relation to an approved training provider, and includes any course of training that was an approved training course under this Division immediately before 22 August 2011.
approved training provider means a training provider that is approved by the Director-General under this Division to provide training courses with respect to the responsible service of alcohol, and includes any training provider that was an approved training provider under this Division immediately before 22 August 2011.
existing RSA certificate means a certificate granted before 22 August 2011 that was a recognised RSA certificate within the meaning of this Division immediately before that day, and includes a replacement certificate issued by an approved training provider under this Division on or after that day.
interim RSA certificate means a certificate granted to a person by an approved training provider, on behalf of the Director-General, following the person’s successful completion of an approved RSA training course for use by the person in obtaining a recognised competency card.
recognised competency card—see clause 39A.
recognised RSA certification means any of the following:
(a) a recognised competency card,(b) an interim RSA certificate,(c) an existing RSA certificate.registered training organisation means an NVR registered training organisation within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth.
staff member, in relation to licensed premises, means any employee or agent of, or person purporting to act on behalf of, the licensee of the premises.
the former Regulation means the Liquor Regulation 1996.
(2) For the purposes of this Division, a recognised RSA certification is current if it has not yet expired.
39A Issue of recognised competency cards
(1) A recognised competency card is a card issued by or on behalf of the Director-General to a person that:(a) certifies (based on an interim RSA certificate granted to the person within the period of 5 years before the card is issued) that the person has successfully completed an approved RSA training course with respect to the responsible service of alcohol, and(b) provides for its expiry on the 5th anniversary of:(i) if the card only certifies the completion of an approved RSA training course on the basis of an interim RSA certificate—the date on which the certificate was granted, or(ii) if the card certifies the completion of both an approved RSA training course and approved RCG training course on the basis of interim RSA and RCG certificates—the date on which the certificates were granted or, if the dates on which the certificates were granted differ, the earliest of the dates, and(c) contains such other information (including photographic or other information about the identity of the person) as the Director-General may require at the time the card is issued.(2) Without limiting subclause (1) (c), a recognised competency card does not cease to be a recognised competency card for the purposes of this Division only because it also certifies that the person to whom the card is issued has successfully completed an approved RCG training course.(3) The Director-General may, on payment of a fee of $30, issue a replacement recognised competency card to a person if the Director-General is satisfied that the original card:(a) has been lost, stolen or damaged, and(b) is still current.(4) A person is not liable to pay a fee of more than $30 for the replacement of a recognised competency card even if the card also certifies the successful completion of an approved RCG training course.(5) In this clause:approved RCG training course and interim RCG certificate have the same meanings as they have in Division 5 of Part 3 of the Gaming Machines Regulation 2010.
39B Issue of replacement existing RSA certificates
(1) An approved training provider may issue a replacement existing RSA certificate if satisfied that the original certificate:(a) has been lost, stolen or damaged, and(b) is still current.(2) A replacement existing RSA certificate must specify the original date on which it was granted, along with the date on which it was re-issued as a replacement.
39C Expiry of recognised RSA certifications
(1) A recognised competency card or interim RSA certificate expires at the end of the day specified by the card or certificate as its expiry date.(2) All existing RSA certificates expire at the end of the day (if any) specified by the Director-General, by order published in the Gazette before that day, as the expiry date for such certificates.(3) If the successful completion of an approved RSA training course was previously certified by a recognised RSA certification that has expired, a new recognised competency card or interim RSA certificate may be issued or granted certifying the same completion of the course only in such circumstances as the Director-General may direct from time to time.(4) Despite subclause (3), if a recognised competency card issued to a relevant person expires, the person may not be issued with a new recognised competency card unless the person has successfully completed an approved RSA training course in addition to the course in respect of which the expired recognised competency card was issued.Note. This means that licensees, bar staff and security personnel in the Kings Cross precinct will have to undertake approved RSA training every 5 years.(5) For the purposes of subclause (4), relevant person means any of the following:(a) the licensee of licensed premises situated in the Kings Cross precinct,(b) a staff member of licensed premises situated in the Kings Cross precinct,(c) a person who is employed to carry on activities as a crowd controller or bouncer on or about licensed premises situated in the Kings Cross precinct,(d) a person who is employed as an RSA marshal (within the meaning of clause 53G) on licensed premises situated in the Kings Cross precinct.
39D Inspection of recognised RSA certification
(1) A police officer or inspector may require any of the following persons to produce their recognised competency card or interim RSA certificate to the officer or inspector for inspection:(a) a licensee of licensed premises,(b) a staff member of licensed premises who is involved in the sale, supply or service of liquor by retail on the premises,(c) a person employed or engaged to carry out activities as a crowd controller or bouncer on or about licensed premises.(2) A person must not, without reasonable excuse, refuse to comply with a requirement of a police officer or inspector under subclause (1).Maximum penalty: 5 penalty units.
40 Obligations of licensee as to responsible service of alcohol
(1) The licensee of licensed premises must not:(a) sell, supply or serve liquor by retail on the premises, or(b) cause or permit liquor to be sold, supplied or served by retail on the premises,unless the licensee holds a current recognised RSA certification.Maximum penalty: 50 penalty units.
(1A) The licensee of licensed premises situated in the Kings Cross precinct must not, on and from 1 March 2013:(a) sell, supply or serve liquor by retail on the premises, or(b) cause or permit liquor to be sold, supplied or served on the premises,unless the licensee holds a current recognised competency card.Maximum penalty: 50 penalty units.
(2) The licensee of licensed premises must not cause or permit a staff member to sell, supply or serve liquor by retail on the premises unless the staff member:(a) holds a current recognised competency card or existing RSA certificate, or(b) was granted an interim RSA certificate within the previous 5 years.Maximum penalty:
(a) if the staff member’s recognised RSA certification has expired—25 penalty units, or(b) in any other case—50 penalty units.(2A) The licensee of licensed premises situated in the Kings Cross precinct must not, on and from 1 March 2013, cause or permit a staff member to sell, supply or serve liquor on the premises unless the staff member holds a current recognised competency card.Maximum penalty: 50 penalty units.
(3) Subclauses (1) and (1A) do not apply to:(a) a person who is taken to be the licensee pursuant to section 62 of the Act, or(b) a licensee that is a corporation.
41 Obligations of staff members as to responsible service of alcohol
(1) A staff member of licensed premises must not sell, supply or serve liquor by retail on the premises unless the staff member holds a current recognised RSA certification.Maximum penalty: 10 penalty units.
(2) A staff member of licensed premises situated in the Kings Cross precinct must not, on and from 1 March 2013, sell, supply or serve liquor by retail on the premises unless the staff member holds a current recognised competency card.Maximum penalty: 20 penalty units.
42 Obligations in relation to persons carrying on certain security activities
(1) A person (including the licensee of licensed premises) must not employ or engage a person to carry on activities as a crowd controller or bouncer on or about licensed premises unless the person holds a current recognised RSA certification.Maximum penalty: 50 penalty units.
(1A) A person (including the licensee of licensed premises) must not employ or engage a person to carry on activities as a crowd controller or bouncer on or about licensed premises situated in the Kings Cross precinct unless the person holds a current recognised competency card.Maximum penalty: 50 penalty units.
(2) A person must not, in the course of the person’s employment, carry on activities as a crowd controller or bouncer on or about licensed premises unless the person holds a current recognised RSA certification.Maximum penalty: 10 penalty units.
(3) A person must not, in the course of the person’s employment, carry on activities as a crowd controller or bouncer on or about licensed premises situated in the Kings Cross precinct unless the person holds a current recognised competency card.Maximum penalty: 20 penalty units.
(4) Subclauses (1A) and (3) take effect on and from 1 March 2013.Note. Under the Security Industry Act 1997, a person who is employed to act as a crowd controller, venue controller or bouncer is required to hold a class 1C licence under that Act.
42A Obligations in relation to persons carrying on RSA supervisory duties on licensed premises in Kings Cross precinct
(1) A person (including the licensee of licensed premises) must not employ a person as an RSA marshal on licensed premises situated in the Kings Cross precinct unless the person holds a current recognised competency card.Maximum penalty: 50 penalty units.
(2) A person must not, in the course of the person’s employment as an RSA marshal, carry out RSA supervisory duties on licensed premises situated in the Kings Cross precinct unless the person holds a current recognised competency card.Maximum penalty: 20 penalty units.
(3) In this clause, RSA marshal and RSA supervisory duties have the same meanings as in clause 53G.(4) This clause takes effect on and from 17 December 2012.
43 Conduct of promotional activities
For the purposes of this Part:(a) liquor that is sold, supplied or served on licensed premises as part of a promotional activity conducted by someone other than the licensee is taken to have been sold, supplied or served by retail, and(b) any person by whom liquor is sold, supplied or served on licensed premises as part of a promotional activity conducted by someone other than the licensee is taken to be a staff member.
44 Licensee to keep register of existing RSA certificates
(1) It is a condition of a licence for licensed premises that the licensee must keep a register containing:(a) a copy of the any current existing RSA certificate for the licensee, and(b) a copy of any current existing RSA certificate for a staff member whose duties include the sale, supply or service of liquor by retail, and(c) a copy of any current existing RSA certificate for a person employed or engaged by the licensee to carry on activities as a crowd controller or bouncer on or about the licensed premises.(2) It is a condition of a licence for licensed premises that the licensee must make the register kept under this clause available for inspection on request by a police officer or inspector.
45 Applications for approvals to conduct RSA training courses
(1) A registered training organisation may apply to the Director-General for an approval to conduct training courses with respect to the responsible service of alcohol.(2) An application under subclause (1) must be accompanied by:(a) a fee of $995, in the case of an application for an initial approval, or(b) a fee of $550, in the case of an application for a second or subsequent approval.Note. See clause 49A for applications for additional approval to provide an approved RSA training course online.
(1) The Director-General may, after considering an application for an approval to conduct training courses with respect to the responsible service of alcohol:(a) grant the application, or(b) refuse the application.(2) If the Director-General grants an approval, the Director-General must issue the applicant with a written approval that sets out any conditions to which the approval is subject.(3) If the Director-General refuses an application for approval, the Director-General must give notice of the refusal in writing to the applicant setting out the reasons for the refusal.
47 Conditions of approval to conduct RSA training courses
(1) An approval to conduct training courses with respect to the responsible service of alcohol is subject to the following conditions:(a) each person conducting the approved RSA training course on behalf of the approved training provider (or, in the case of an approved RSA training course provided online, each online course worker) must:(i) hold a Certificate IV in Training and Assessment awarded by a registered training organisation, or have such other qualification as the Director-General considers to be equivalent, and(ii) have at least 3 years experience as the holder of a managerial or supervisory position in a hotel or registered club (being a position with duties in relation to the service of liquor), or have such other experience as the Director-General considers to be equivalent,(b) the approved training provider must pay to the Director-General:(i) a fee of $70 for each interim RSA certificate issued by it on behalf of the Director-General, and(ii) a fee of $15 for each replacement existing RSA certificate issued by it on behalf of the Director-General in respect of a lost, stolen or damaged certificate,(c) the approved training provider must collect the following information on behalf of the Director-General in relation to any person who is undertaking (or who has completed) an approved RSA training course conducted by or on behalf of the provider:(i) the full name of the person,(ii) the date and country of birth of the person,(iii) the residential address of the person,(iv) such other information as the Director-General may require from time to time to assist in ascertaining whether or not the person has successfully completed the course,(d) such other conditions as the Director-General may from time to time impose.(1A) An approved training provider must comply with the conditions to which the training provider’s approval is subject.Maximum penalty: 100 penalty units.
(2) In this clause:online course worker, in relation to an approved RSA training course provided online, means a person who, on behalf of the approved training provider, provides information about the content of the course to, or assesses the competency of, persons undertaking the course.
47A Prohibition on granting interim RSA certificates to unqualified persons
An approved training provider must not grant an interim RSA certificate to any person who has not successfully completed an approved RSA training course conducted by the training provider.Maximum penalty: 100 penalty units.
48 Term of approval to conduct approved RSA training courses
(1) Unless sooner cancelled:(a) an approval under this Division to conduct training courses with respect to the responsible service of alcohol has effect until 30 June following the date on which it was granted, and(b) an approval by the former Board under Part 7A of the former Regulation has effect until 30 June 2009,but may be renewed by making an application in accordance with this Division.(2) An approval does not have effect while it is suspended.
49 Variation, suspension and cancellation of approvals to conduct approved RSA training courses
(1) The Director-General may:(a) vary any condition imposed by the Director-General (or by the Authority or former Board) on an approval to conduct training courses with respect to the responsible service of alcohol, or(b) suspend or cancel any such approval (including an approval by the Authority under this Division before 22 August 2011 or by the former Board under Part 7A of the former Regulation),but only after giving the holder of the approval an opportunity to make submissions.(2) A variation of the conditions of, or the suspension or cancellation of, an approval:(a) must be by notice in writing, and(b) must be served on the person to whom the approval relates, and(c) takes effect on the day on which the notice is served or on a later day specified in the notice.
49A Additional approval to provide an approved RSA training course online
(1) An approved training provider may apply to the Director-General for an additional approval to provide an approved RSA training course online.(2) However, an application may only be made by an approved training provider that was, immediately before 1 July 2012, an approved training provider.(3) An application must be accompanied by:(a) a fee of $1,200, in the case of an application for an initial approval, or(b) a fee of $550, in the case of an application for a second or subsequent approval.(4) The Director-General may grant an additional approval only if it is satisfied that the approved training provider has appropriate measures in place:(a) to verify the identity of persons undertaking the approved RSA training course online, and(b) to assess the competency of those persons, and(c) to minimise the potential for fraudulent activity.(5) In this Division (other than clause 45), a reference to an approval to conduct training courses with respect to the responsible service of alcohol includes a reference to an additional approval to provide an approved training course online.
49B Prohibition on providing training courses without approval
A person must not:(a) provide or offer to provide any training course that is held out, whether directly or indirectly, to be a course that will satisfy the requirements imposed by clauses 40–42, or(b) advertise, state or imply in any way that the person is qualified to provide any such course,unless the person is an approved training provider.Maximum penalty: 100 penalty units.