Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A person commits an offence if—
(a) the person is a licensee; and
(b) the person supplies liquor to another person; and
(c) the other person is intoxicated; and
(d) the supply happens at—
(i) if the licensee holds a catering licence—the catered premises; or
(ii) in any other case—the licensed premises.
Maximum penalty: 50 penalty units.
(2) A person commits an offence if—
(a) the person is a permit-holder; and
(b) the person supplies liquor to another person; and
(c) the other person is intoxicated; and
(d) the supply happens at the permitted premises.
Maximum penalty: 50 penalty units.
(3) A person commits an offence if—
(a) the person is a licensee; and
(b) an employee of the licensee supplies liquor to another person; and
(c) the other person is intoxicated; and
(d) the supply happens at—
(i) if the licensee holds a catering licence—the catered premises; or
(ii) in any other case—the licensed premises.
Maximum penalty: 50 penalty units.
(4) A person commits an offence if—
(a) the person is a permit-holder; and
(b) an employee of the permit-holder supplies liquor to another person; and
(c) the other person is intoxicated; and
(d) the supply happens at the permitted premises.
Maximum penalty: 50 penalty units.
(5) An offence against this section is a strict liability offence.
(6) In a prosecution for an offence against this section, a substance supplied to a person is presumed to be liquor if—
(a) the substance is supplied to the person in an adults-only area at the premises; and
(b) a police officer gives evidence—
(i) that the police officer saw the substance being supplied to the person; and
(ii) that the police officer believes on reasonable grounds that the substance is liquor.
Note A person rebutting the presumption in s (6) has an evidential burden in relation to the rebuttal (see Criminal Code
, s 58).