Australian Capital Territory Current Acts

LIQUOR ACT 2010 - SECT 139

    (1)     A person commits an offence if—

        (a)     the person is an off licensee; and

        (b)     another person consumes liquor at the off licensed premises.

Maximum penalty: 20 penalty units.

    (2)     A person commits an offence if—

        (a)     the person consumes liquor; and

        (b)     the consumption happens at off licensed premises.

Maximum penalty: 10 penalty units.

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

    (4)     This section does not apply if the person consuming the liquor at the premises is—

        (a)     the off licensee; or

        (b)     an employee of the licensee; or

        (c)     a family member of the licensee.

    (5)     This section does not apply if the person consuming the liquor at the premises was supplied with the liquor for consumption as a sample of liquor available for sale and—

        (a)     there was no charge for the sample; and

        (b)     the sample was consumed at the premises in an area stated to be a sampling area.

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

, s 58).