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SENTENCING ACT 1991 - SECT 48J

Alcohol exclusion condition

    (1)     A court which is making a community correction order may attach a condition directing that the offender comply with the restrictions in subsection (2).

    (2)     For the purpose of subsection (1) and subject to subsection (3) the restrictions are as follows—

        (a)     the offender must not enter or remain in any licensed premises characterised as a nightclub, bar, restaurant, cafe, reception centre or function centre; and

        (b)     the offender must not enter or remain in the location of any major event; and

        (c)     the offender must not enter or remain in a bar area of any licensed premises to which paragraph (a) or (b) does not apply; and

        (d)     the offender must not consume liquor in any licensed premises to which paragraph (a) or (b) does not apply.

    (3)     When attaching an alcohol exclusion condition a court may specify a licensed premises to which the restrictions under subsection (2)(a), (b) or (c) do not apply.

    (4)     The court may attach an alcohol exclusion condition to address the role of alcohol in the offending behaviour.

    (5)     When attaching an alcohol exclusion condition the court may have regard to any effect the attaching of the condition may have on any employment of the offender.

    (6)     When attaching an alcohol exclusion condition the court may specify whether the condition applies to the offender for a period of hours of each day or at all times.

    (7)     When attaching an alcohol exclusion condition the court may specify that the condition applies for the period of the order or for any lesser period specified in the order.

    (8)     In this section—

"bar area" means an area within a licensed premises that is set aside for the service of liquor for consumption on that premises;

"licensed premises" has the same meaning as in the Liquor Control Reform Act 1998 ;

"liquor" has the same meaning as in the Liquor Control Reform Act 1998 ;

major event has the same meaning as in the Liquor Control Reform Act 1998 .

S. 48JA inserted by No. 65/2011 s. 58 (as amended by No. 26/2012 s. 71).



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