Australian Capital Territory Current Acts

LIQUOR ACT 2010 - SECT 116

    (1)     A person commits an offence if—

        (a)     the person is a licensee; and

        (b)     another person possesses liquor or low-alcohol liquor at—

              (i)     if the licensee holds a catering licence—the catered premises; or

              (ii)     in any other case—the licensed premises; and

        (c)     the other person is a child or young person.

Maximum penalty: 20 penalty units.

    (2)     A person commits an offence if—

        (a)     the person is a permit-holder; and

        (b)     another person possesses liquor or low-alcohol liquor at the permitted premises; and

        (c)     the other person is a child or young person.

Maximum penalty: 20 penalty units.

    (3)     An offence against this section is a strict liability offence.

    (4)     This section does not apply in relation to a young person if the young person possesses the liquor or low-alcohol liquor in the course of—

        (a)     the young person's employment at the premises; or

        (b)     a training program conducted by a declared training provider.

    (5)     This section does not apply in relation to a young person at premises if the young person—

        (a)     was at least 16 years old at the time of the offence; and

        (b)     had, before the time of the offence, shown 1 or more of the following people an identification document identifying the young person as an adult:

              (i)     the defendant;

              (ii)     an employee of the defendant;

              (iii)     a crowd controller working as a crowd controller at the premises.

Note     The defendant has an evidential burden in relation to the matters mentioned in ss (4) and (5) (see Criminal Code

, s 58).