New South Wales Consolidated Acts
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LIQUOR ACT 2007 - SECT 76
Self-exclusion of patrons from licensed premises
(1) A person (
"the participant" ) may request a licensee to enter into an agreement (
"a self-exclusion agreement" ) with the person under which the person agrees
to be prevented from entering or remaining on the licensed premises specified
in the agreement.
(2) A self-exclusion agreement is to be in the form
approved by the Authority. The approved form may contain specified
requirements that must be complied with in relation to such an agreement,
including specifying the circumstances in which licensees are required to
comply with a request to enter into an agreement. The approved form may also
include provision for the manner in which a self-exclusion agreement may be
terminated by the parties to the agreement.
(3) If a request is made by a
person to enter into a self-exclusion agreement, the licensee must enter into
the agreement if the circumstances in which the request is made comply with
the circumstances specified in the form approved by the Authority.
(4)
A self-exclusion agreement may, if the licensee who enters into the agreement
is participating in a liquor accord, also apply in relation to any or all of
the other licensed premises that are subject to the accord, but only if those
other premises are specified in the agreement. In any such case, the licensee
of each of the premises is taken to have entered into the agreement concerned.
(5) Each of the parties to a self-exclusion agreement is required to comply
with the terms of the agreement.
(6) It is lawful for a responsible person
for licensed premises specified in a self-exclusion agreement, using no more
force than is reasonable in the circumstances-- (a) to prevent the participant
from entering the licensed premises, and
(b) to remove the participant, or
cause the participant to be removed, from the licensed premises.
(7) No civil
or criminal liability is incurred by a responsible person for
licensed premises to which a self-exclusion agreement relates (or, in the case
of club premises, by the registered club itself)-- (a) for any act done or
omitted to be done in good faith, and in accordance with this section, to or
in respect of the participant concerned, or
(b) if the participant enters or
remains on the licensed premises to which the agreement relates.
(7A) This
section does not limit or otherwise affect the civil liability of a person for
negligence that causes personal injury to a person or the death of a person.
(8) This section does not affect the operation of any self-exclusion scheme
under section 49 of the Gaming Machines Act 2001 .
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