Text as at 15 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

89DG Variation of alcohol exclusion order

(1)Any of the following may apply for variation of an alcohol exclusion order—

(a)the person to whom the order applies;

(b)a police officer.

S. 89DG(1)(b) amended by No. 21/2015 s. 3(Sch. 1 item 47.3).S. 89DG(2)(b) amended by No. 21/2015 s. 3(Sch. 1 item 47.4).

(2)An application under subsection (1) must be made to the Magistrates' Court if—

S. 89DG(2) substituted by No. 55/2014 s. 169(2).

(a)the order was made by the County Court or the Magistrates' Court; or

(b)the order was made by the Supreme Court and the Supreme Court has given a direction under section 89DD(5).

(2A)For the purposes of subsection (2), the order made by the Supreme Court or County Court must be taken to have been made by the Magistrates' Court.

S. 89DG(2A) inserted by No. 55/2014 s. 169(2).

(2B)An application under subsection (1) must be made to the Supreme Court if—

S. 89DG(2B) inserted by No. 55/2014 s. 169(2).

(a)the order was made by the Supreme Court; and

(b)the Supreme Court has not given a direction under section 89DD(5).

(3)On an application under subsection (1), the court may vary an alcohol exclusion order, if the court—

(a)is satisfied that new facts or circumstances have arisen since the making or last variation of the order that make it appropriate for the order to be varied; and

(b)is satisfied that there is a good reason why the person to whom the order applies should, or should not, be allowed to enter specified licensed premises; and

(c)considers that it is appropriate in all the circumstances to do so.

(4)If the court varies an exclusion order under this section, it may only make any of the following variations—

(a)imposing a new exemption on an alcohol exclusion order;

(b)varying or removing an existing exemption on an alcohol exclusion order.

(5)The court must specify the date on which the alcohol exclusion order as varied takes effect.

(6)An order of the Supreme Court or County Court that is varied by the Magistrates' Court under this section is taken for the purposes of enforcement to be an order of the Magistrates' Court.

S. 89DG(6) inserted by No. 55/2014 s. 169(3).