Australian Capital Territory Current Acts

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LIQUOR ACT 2010 - SECT 121

Offence—child or young person in adults-only area

    (1)     A person commits an offence if the person is—

        (a)     a child or young person; and

        (b)     in an adults-only area at—

              (i)     licensed premises; or

              (ii)     permitted premises.

Maximum penalty: 5 penalty units.

    (2)     This section does not apply to a child or young person if the child or young person is in the care of an adult who—

        (a)     is a parent, step-parent, guardian, person acting in place of a parent, domestic partner or carer of the child or young person; and

        (b)     could reasonably be expected to responsibly supervise the child or young person.

Note     For the meaning of domestic partner , see the Legislation Act

, s 169.

    (3)     This section does not apply to a young person if the young person is in the adults-only area in the course of—

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

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

Note 1     Employment of children is dealt with in the Children and Young People Act 2008

.

Note 2     Children and young people must not serve liquor (see s 118).

    (4)     This section does not apply to a young person if—

        (a)     the young person is attending an approved young people's event in the adults-only area; and

        (b)     the event is conducted in accordance with the young people's event approval.

Note 1     The defendant has an evidential burden in relation to the matters mentioned in ss (2), (3) and (4) (see Criminal Code

, s 58).

Note 2     A police officer may caution a child or young person in relation to this offence (see s 150).

Note 3     Young people's event approvals are made under s 95 (3).



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