(1) A person commits an offence if—
(a) the person consumes liquor or low-alcohol liquor; and
(b) the liquor or low-alcohol liquor is consumed at—
(i) a bus interchange; or
(ii) a bus station; or
(iii) a light rail stop; or
(iv) a place that is within 50m from—
(A) a bus interchange; or
(B) a bus station; or
(C) a light rail stop; or
(D) a shop; or
(E) licensed premises or permitted premises; or
(v) a permanent alcohol-free place; or
(vi) a temporary alcohol-free place.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability offence.
(3) This section does not apply to the consumption of liquor or low-alcohol liquor—
(a) at licensed premises or permitted premises; or
(b) at premises where food is sold for consumption at the premises; or
(c) at a place that is within 50m from premises mentioned in paragraph (a) or (b) by a person using furniture or other facilities provided by the proprietor or lessee of the premises.
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code
, s 58).
(4) In a prosecution for an offence against this section, a substance is presumed to be liquor if—
(a) the substance is in a container; and
(b) a label or other mark on the container describes the contents as liquor.
Examples—label or mark that describes container contents as liquor
1 ‘2.6% Alc/Vol' printed on a can
2 ‘14% Alc/Vol' printed on the label of a bottle
Note A person rebutting the presumption in s (4) has an evidential burden in relation to the rebuttal (see Criminal Code
, s 58).
(5) In this section:
"light rail stop"—see the Road Transport (Public Passenger Services) Regulation 2002
, dictionary.