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LIQUOR ACT 2007 - SECT 117
Offences relating to sale or supply of liquor to minors
117 Offences relating to sale or supply of liquor to minors
(1) Selling liquor to minors A person must not sell liquor to a minor. :
Maximum penalty--100 penalty units or 12 months imprisonment (or both).
(2)
Supplying liquor to minors on licensed premises A person must not supply
liquor to a minor on licensed premises. : Maximum penalty--100 penalty units
or 12 months imprisonment (or both).
(3) It is a defence to a prosecution for
an offence under subsection (1) or (2) if it is proved that-- (a) the person
to whom the liquor was sold or supplied was of or above the age of 14 years,
and
(b) before the liquor was sold or supplied to the person the defendant
was provided with an evidence of age document that may reasonably be accepted
as applying to the person and as proving that the person was of or above the
age of 18 years.
(4) Supplying liquor to minors on other premises A person
must not supply liquor to a minor on any premises other than licensed premises
unless-- (a) the person is a parent or guardian of the minor or is authorised
to supply liquor to the minor by a parent or guardian of the minor, and
(b)
the supply is consistent with the responsible supervision of the minor.
:
Maximum penalty--100 penalty units or 12 months imprisonment (or both).
(5)
The matters that are considered to be relevant in determining whether the
supply of liquor is consistent with the responsible supervision of a minor for
the purposes of subsection (4) include the following-- (a) the age of the
minor,
(b) whether the person supplying the liquor to the minor is
intoxicated,
(c) whether the minor is consuming the liquor with food,
(d)
whether the person supplying the liquor is responsibly supervising the minor's
consumption of the liquor,
(e) the quantity and type of liquor supplied and
the period of time over which it is supplied,
(f) such other matters as may
be prescribed by the regulations.
(5A) The supply of liquor to a minor who is
intoxicated is not, in any circumstances, consistent with the responsible
supervision of the minor for the purposes of subsection (4).
(5B) Despite
subsection (4), a licensee or another person who is delivering packaged liquor
on behalf of a licensee or other person that has sold the liquor by retail,
irrespective of the State or Territory in which the sale is made, must not
supply the packaged liquor to a minor. : Maximum penalty--100 penalty units or
12 months imprisonment or both.
(5C) It is a defence to a prosecution under
subsection (5B) if it is proved that-- (a) the person to whom the liquor was
sold or supplied was of or above the age of 14 years, and
(b) before the
liquor was sold or supplied to the person the defendant was provided with an
evidence of age document (i) that may reasonably be accepted as applying to
the person, and
(ii) proving that the person was of or above the age of 18
years.
(5D) It is also a defence to a prosecution under subsection (5B) for
the person who delivered the liquor if it is proved that at the time of the
alleged offence the person did not know, and could not reasonably be expected
to have known, that the person was delivering liquor. Example : A courier
delivers a package on behalf of an interstate retailer and is unaware the
delivery includes liquor.
(6) Obtaining liquor for minors from
licensed premises A person must not obtain liquor from licensed premises on
behalf of a minor unless the person is the parent or guardian of the minor. :
Maximum penalty--100 penalty units or 12 months imprisonment (or both).
(7)
It is a defence to a prosecution for an offence under subsection (6) if it is
proved that the defendant was authorised to obtain liquor on behalf of the
minor by the parent or guardian of the minor.
(8) Allowing liquor to be sold
or supplied to minors on licensed premises A licensee must not, on
licensed premises, allow liquor to be sold or supplied to a minor. : Maximum
penalty--100 penalty units or 12 months imprisonment (or both).
(9) It is a
defence to a prosecution for an offence under subsection (8) if it is proved
that the liquor was supplied to the minor by the parent or guardian of the
minor.
(10) Burden of proof In the prosecution for an offence under this
section, the burden of proving that a person was a parent or guardian of a
minor, or was authorised by a parent or guardian of a minor, is on the person
charged.
(11) In the application of this section to an on-premises licence
that relates to a catering service, a reference to licensed premises does not
include any private domestic premises.
(12) For the purposes of this section,
"supply" of liquor includes serving liquor to a person.
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