Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SENTENCING ACT 1991 - SECT 89DF

Offences for contravening alcohol exclusion order

    (1)     A person in respect of whom an alcohol exclusion order is in effect must not, in contravention of the order, enter, remain or attempt to enter or remain in any place that the person knows or is reckless as to whether the place is—

        (a)     a licensed premises characterised as a nightclub, bar, restaurant, cafe, reception centre or function centre; or

        (b)     the location of a major event; or

        (c)     a bar area of any licensed premises to which paragraph (a) or (b) does not apply—

knowing that the order is in effect, or being reckless as to whether the order is in effect.

Penalty:     Level 7 imprisonment.

    (2)     A person in respect of whom an alcohol exclusion order is in effect must not, in contravention of the order, consume or attempt to consume liquor in any place that the person knows or is reckless as to whether the place is a licensed premises, knowing that the order is in effect, or being reckless as to whether the order is in effect.

Penalty:     Level 7 imprisonment.

    (3)     It is not a contravention of subsection (1) if the conduct contravening the order was caused by circumstances beyond the control of the accused and the accused had taken reasonable precautions to avoid committing an offence against subsection (1).

    (4)     In proceedings for an offence against subsection (1) or (2), proof of the person the subject of the alcohol exclusion order being present in court when the order is made, or proof of service of the alcohol exclusion order on the person is admissible in evidence for the purpose of establishing that the person knows that an alcohol exclusion order is in effect and, in the absence of evidence to the contrary, is proof of that fact.

S. 89DG inserted by No. 15/2014 s. 7.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback