Australian Capital Territory Current Acts

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LIQUOR ACT 2010 - SECT 127

Offence—fail to comply with approved risk-assessment management plan

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

        (a)     is a licensee; and

        (b)     fails to comply with an approved risk-assessment management plan in force for the licensed premises.

Maximum penalty: 20 penalty units.

    (2)     A person commits an offence if the person—

        (a)     is a commercial permit-holder; and

        (b)     fails to comply with an approved risk-assessment management plan in force for the permitted premises.

Maximum penalty: 20 penalty units.

    (3)     A person commits an offence if—

        (a)     the person is a licensee; and

        (b)     an employee of the licensee fails to comply with an approved risk-assessment management plan in force for the licensed premises.

Maximum penalty: 10 penalty units.

    (4)     A person commits an offence if—

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

        (b)     an employee of the permit-holder fails to comply with an approved risk-assessment management plan in force for the permitted premises.

Maximum penalty: 10 penalty units.

    (5)     This section does not apply if—

        (a)     a term in the approved risk-assessment management plan for the premises is inconsistent with a condition on the licence, or commercial permit, for the premises; and

        (b)     the defendant complies with the condition.

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

, s 58).



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