South Australian Current Acts

SUMMARY OFFENCES ACT 1953 - SECT 21OC

21OC—Supply etc of liquor in certain areas

        (1)         If—

            (a)         a person (the "first person")—

                  (i)         supplies liquor to another person (the "third person"); or

                  (ii)         transports liquor intending to supply any of it, or believing that another person intends to supply any of it, to the third person; or

                  (iii)         possesses liquor intending to supply any of it to the third person; and

            (b)         the third person is in a prescribed area,

the first person is guilty of an offence.

Maximum penalty:

            (a)         for a first offence—$20 000;

            (b)         for a second or subsequent offence—$40 000.

        (1a)         However, a person will not be guilty of an offence against subsection (1) if 1 or more of the following circumstances apply:

            (a)         the consumption or possession (or both) of liquor by the third person in the prescribed area is not prohibited under another Act or law;

            (b)         the consumption or possession (or both) of liquor by the third person is not prohibited under another Act or law—

                  (i)         in the case of an offence against subsection (1)(a)(i)—in the part of the prescribed area in which the supply of liquor takes place; or

                  (ii)         in the case of an offence against subsection (1)(a)(ii) or (1)(a)(iii)—in the part of the prescribed area in which the supply of liquor is intended to take place;

            (c)         under another Act or law, the third person is a person, or belongs to a class of persons, who, in the circumstances, is exempt from a prohibition on the consumption or possession (or both) of liquor that would otherwise apply to the person in the prescribed area.

        (2)         If, in proceedings for an offence against subsection (1), it is proved that a person possessed or transported more than the prescribed amount of liquor in a designated area, it is presumed, in the absence of proof to the contrary, that the person possessed or transported (as the case requires) the liquor intending to supply it to a third person.

        (3)         A regulation for the purposes of subsection (2) may vary according to the area, circumstances or any other specified factor to which the regulation is expressed to apply.