Part 6 Miscellaneous offences and regulatory controls
99 Responsible sale, supply, service or promotion of liquor
(1) The regulations may make provision for or with respect to requiring or encouraging the adoption of responsible practices in the sale, supply, service and promotion of liquor.(2) In particular, the regulations may make provision for or with respect to the following:(a) restricting or prohibiting the conduct of promotions or other activities (including the discounting or supply of liquor free of charge) that could result in misuse or abuse of liquor, such as binge drinking or excessive consumption,(b) the standards to be observed on licensed premises in the sale and service of liquor, for the purpose of preventing misuse or abuse of liquor,(c) requiring licensees, managers and other persons engaged in the sale, supply, service and promotion of liquor and other activities on the licensed premises to undergo courses of training that will promote responsible practices in those activities,(d) specifying the circumstances in which the Director-General may, in accordance with the regulations, require promotions or advertisements that involve the discounting of liquor to be accompanied by messages that encourage the responsible consumption of alcohol.(3) Without limiting subsection (2), the regulations may adopt with or without modification the standards contained in an industry code of practice as standards to be observed on licensed premises in the sale, supply, service and promotion of liquor.(4) The regulations under subsection (2) (c) may create offences punishable by a penalty not exceeding 100 penalty units.Note. The penalty for any other offence created by the regulations cannot exceed 50 penalty units—see section 159 (3).
100 Regulations may declare undesirable liquor products
(1) The regulations may declare a specified liquor product (or class of liquor products) to be an undesirable liquor product.(2) A licensee must not sell or supply any such liquor product that is declared to be an undesirable liquor product.Maximum penalty: 50 penalty units.
(3) The Minister may recommend the making of a regulation under this section only if, in the opinion of the Minister:(a) the name of the liquor product, or its design or packaging, is indecent or offensive, or(b) the name of the liquor product, or its design or packaging, encourages irresponsible, rapid or excessive consumption of the product, or(c) the name of the liquor product, or its design or packaging, is likely to be attractive to minors, or(d) the liquor product is likely, for any reason, to be confused with soft drinks or confectionery, or(e) the liquor product is, for any other reason, likely to have a special appeal to minors, or(f) it is otherwise in the public interest to declare the liquor product to be an undesirable liquor product.(4) The Minister must, before recommending the making of a regulation under this section, consult with relevant liquor industry representatives and the manufacturer of any liquor product proposed to be prescribed by the regulations (where the manufacturer is known to the Minister).(5) The validity of a regulation under this section is not affected by any failure to comply with subsection (3) or (4).
101 Director-General may restrict or prohibit sale or supply of undesirable liquor products
(1) The Director-General may, by notice in writing given to a licensee, restrict or prohibit the licensee selling or supplying a liquor product specified in the notice.(2) The Director-General may restrict or prohibit the sale or supply of any such specified liquor product by notice under this section only if the Director-General is satisfied that:(a) the name of the liquor product, or its design or packaging, is indecent or offensive, or(b) the name of the liquor product, or its design or packaging, encourages irresponsible, rapid or excessive consumption of the product, or(c) the name of the liquor product, or its design or packaging, is likely to be attractive to minors, or(d) the liquor product is likely, for any reason, to be confused with soft drinks or confectionery, or(e) the liquor product is, for any other reason, likely to have a special appeal to minors, or(f) it is otherwise in the public interest to restrict or prohibit the licensee selling or supplying the liquor product.(3) The Director-General must not give a notice under this section unless the Director-General is satisfied that:(a) the liquor product is being sold on the licensed premises to which the proposed notice relates, and(b) the premises are situated in an area or locality in respect of which there are significant concerns regarding intoxication or underage or irresponsible drinking.(4) The Director-General must not give a notice under this section to a licensee unless the Director-General has:(a) provided the licensee with a reasonable opportunity to make submissions in relation to the proposed restriction or prohibition, and(b) taken any such submissions into consideration in deciding whether to give the notice.(5) The regulations may prescribe other requirements that the Director-General must comply with in relation to a notice under this section.(6) A notice under this section may, but need not, relate to a liquor product that is declared to be an undesirable liquor product under section 100.(7) A licensee must comply with a notice given to the licensee under this section.Maximum penalty: 50 penalty units.
102 Director-General may restrict or prohibit undesirable promotion of liquor
(1) The Director-General may, by notice in writing given to a licensee, restrict or prohibit the licensee carrying on, or being involved in, an activity that:(a) promotes the sale or supply of liquor, and(b) is specified or described in the notice.(2) The Director-General may restrict or prohibit any such activity only if the Director-General is of the opinion that:(a) the promotion is likely to have a special appeal to minors because of the use of designs, names, motifs or characters in the promotion that are, or are likely to be, attractive to minors or for any other reason, or(b) the promotion is indecent or offensive, or(c) the promotion involves the provision of liquor in non-standard measures or the use of emotive descriptions or advertising that encourages irresponsible drinking and is likely to result in intoxication, or(d) the promotion involves the provision of free drinks, or extreme discounts or discounts of a limited duration, that creates an incentive for patrons to consume liquor more rapidly than they otherwise might, or(e) the promotion otherwise encourages irresponsible, rapid or excessive consumption of liquor, or(f) the restriction or prohibition is otherwise in the public interest.(3) A licensee must comply with a notice given to the licensee under this section.Maximum penalty: 50 penalty units.
(4) The Director-General must not give a notice under this section unless the Director-General has issued publicly available guidelines that indicate the kinds of activities or promotions that the Director-General would consider being the subject of a notice under this section.
103 Closing of certain hotel and bottle shop areas
(1) A hotelier must:(a) at any time when the hotel is not authorised to be open for the sale or supply of liquor, and(b) at any time when the sale or supply of liquor is permitted only for consumption in a specified part of the hotel,close and keep closed to the public every bar area of the hotel, and every other part of the hotel in which liquor is ordinarily sold or supplied to the public, except a bar area or other part open in accordance with the conditions of the licence in a part of the hotel referred to in paragraph (b).(2) The holder of a packaged liquor licence must, at any time when the licensed premises are not authorised to be open for the sale of liquor, close and keep closed to the public that part of any counter or place at or in which liquor is usually sold or supplied under the licence.Maximum penalty: 20 penalty units.
104 Person in bar area or certain other areas of hotel outside trading hours
(1) A person must not be in a bar area of a hotel, or any other part of the hotel in which liquor is sold or supplied to the public, at a time that is:(a) later than 30 minutes after the commencement of any period on that day when the bar area, or other part of the hotel, is not authorised to be open for the sale of liquor, and(b) earlier than the end of that period.Maximum penalty: 5 penalty units.
(2) A person does not commit an offence under subsection (1) if the person was at the relevant time:(a) an employee of the hotelier or a resident of the hotel, or(b) present in the bar area or other part of the hotel for a lawful purpose.(3) A police officer:(a) may require a person who is in a bar area or other part of a hotel in contravention of subsection (1) to state the person’s name and address, and(b) if the officer has reasonable cause to suspect that the name or address given is false—the officer may require the person to produce evidence of its correctness.(4) If a person refuses or fails to comply with a requirement under subsection (3), the police officer may apprehend the person and, as soon as practicable, bring the person before an authorised officer to be dealt with according to law.(5) If a person is in a bar area of a hotel or other part of a hotel in contravention of subsection (1), the hotelier is guilty of an offence unless:(a) the person was in the area or part for a lawful purpose, or(b) the hotelier took all reasonable care to prevent the person entering, or remaining in, the area or part for an unlawful purpose, or(c) the hotelier took all reasonable care to ascertain, and believed, that the purpose for which the person had entered, and remained in, the hotel was a lawful purpose, or(d) the person was, at the relevant time, an employee of the licensee or a resident of the hotel.Maximum penalty: 20 penalty units.
105 Carrying liquor away from licensed premises outside trading hours
(1) If liquor is authorised to be sold or supplied on licensed premises for consumption away from the premises, a person must not carry liquor away from the premises at a time when the licensee is not authorised to sell or supply liquor for consumption away from the premises.Maximum penalty: 5 penalty units.
(2) A person does not commit an offence under subsection (1) if:(a) the person:(i) has purchased the liquor from licensed premises at a time when the liquor was authorised to be sold for consumption away from the licensed premises, and(ii) is carrying the liquor away from the licensed premises not later than 30 minutes after the licensee last ceased to be authorised to sell or supply liquor for consumption away from the premises, or(b) the person is:(i) a licensee or an employee of a licensee, or(ii) a resident of any licensed premises on which liquor may be sold or supplied for consumption away from the premises,and is carrying away from the licensed premises liquor that is reasonably required for consumption by the licensee, employee or resident on the day on which it is carried away.(3) This section does not apply in relation to a minor.Note. Section 118 (1) (d) makes it an offence for a minor to carry liquor away from licensed premises.
106 Delivery of liquor from unlicensed premises
(1) A person must not:(a) indicate or state, by way of an advertisement or any other manner, that the person will, or is prepared to, accept orders from, or act as agent for, another person for the purchase, supply or delivery of liquor, and(b) deliver liquor ordered by another person, or obtained by the person as agent for another person, from premises that are not licensed premises.Maximum penalty: 50 penalty units or imprisonment for 6 months, or both.
(2) A person does not commit an offence under this section if the person is the subject of an order in writing by the Authority exempting the person from the operation of this section.
107 Production of licence on licensed premises
(1) A responsible person for licensed premises must, if requested to do so by a police officer or inspector while on the licensed premises, produce the licence to the officer or inspector.Maximum penalty: 5 penalty units.
(2) A person does not commit an offence under subsection (1) if the person is an employee or agent of the licensee (otherwise than in the capacity as manager of the licensed premises).
108 Prohibition on extension of credit for gambling
(1) A responsible person for licensed premises must not extend, or offer to extend, a cash advance or any other form of credit to another person for the purpose of enabling the other person to gamble on the licensed premises.Maximum penalty: 50 penalty units.
(2) Subsection (1) does not apply to the extension of a cash advance in the form of a prize or bonus provided as referred to in section 17 (1) or 20 (1) (b).
109 Misrepresentation or misdescription of credit transactions
(1) A responsible person for licensed premises must not, in any credit transaction, describe or represent any cash advance extended to another person who the responsible person knows, or could reasonably be expected to know, intends to use the cash advance to gamble on the licensed premises to be a payment for goods or services lawfully provided on the licensed premises or elsewhere.Maximum penalty: 50 penalty units.
(2) In subsection (1), credit transaction means any transaction involving a payment to licensed premises by means of a credit facility provided by a financial institution.
110 Falsely indicating that premises are licensed or that person is authorised to sell or supply liquor
(1) A person must not, by means of a notice, sign or otherwise, indicate:(a) that liquor is available for sale or supply on or from premises if the premises are not licensed premises, or(b) that premises are licensed premises under a particular kind of licence if the premises are not such licensed premises, or(c) that a person is authorised to sell or supply liquor if the person is not so authorised.Maximum penalty: 50 penalty units.
(2) Nothing in this section prevents a person from using the term “hotel” to describe unlicensed premises on which tourist or visitor accommodation is provided on a commercial basis or from using that term as part of the name of any such unlicensed premises.
111 Carrying liquor away from premises to which on-premises licence relates
(1) A person must not carry away any liquor from the premises to which an on-premises licence relates.Maximum penalty: 5 penalty units.
(2) A person does not commit an offence under subsection (1) if:(a) the liquor was in the person’s possession when the person entered the premises, or(b) the sale of liquor for consumption away from the licensed premises is authorised under section 26 and the liquor that is being carried away was purchased on the premises, or(c) the liquor was, in accordance with section 25 (8), sold to the person for consumption away from licensed accommodation premises.(3) A person does not commit an offence under subsection (1) if, in the case of a licensed restaurant (including a restaurant that is part of licensed accommodation premises) or a licensed public entertainment venue that provides meals:(a) the liquor is wine, and(b) the wine was purchased in a bottle or other container at the restaurant or public entertainment venue and was partly consumed at the restaurant or venue, and(c) the bottle or container is re-corked or otherwise resealed before being carried away.
112 Obtaining liquor by false representation
A person must not obtain, or attempt to obtain, liquor on licensed premises by falsely representing that the person:(a) is a resident of the premises or a guest of a resident of the premises, or(b) is intending to eat, or has eaten, a meal on the premises, or(c) is intending to purchase, or make use of, a product or service provided or supplied on the premises, or(d) is attending a function on the premises, or(e) is an employee or agent of the licensee.Maximum penalty: 5 penalty units.
(1) A person must not:(a) carry liquor about for the purpose of sale, or(b) offer or expose liquor for sale at or on any place other than a place at or on which liquor may lawfully be sold, or(c) carry liquor, for the purpose of sale, to a place other than a place at or on which liquor may lawfully be sold.Maximum penalty: 20 penalty units.
(2) If liquor is carried, offered or exposed by a person in contravention of subsection (1) and is so carried, offered or exposed on behalf of another person, that other person is taken to have contravened that subsection.(3) It is a defence to a prosecution for a contravention of subsection (1) or (2) if it is proved that the liquor was carried, offered or exposed for the purpose of a sale that may lawfully be made.(4) In the prosecution for an offence under this section, the burden of proving that liquor that has been carried about, or carried to any place, was not so carried for the purpose of sale is on the person charged.
114 Sale of liquor through internet or by other communication media
(1) A licensee who sells liquor by taking orders over the telephone or by facsimile or by mail order must cause the licence number to be displayed in any advertisement or information published in writing or electronically in connection with such sales.Maximum penalty: 20 penalty units.
(2) A licensee who sells liquor through an internet site must ensure that the licence number is prominently displayed on the site and in any advertisement or information published in writing or electronically in connection with such sales.Maximum penalty: 20 penalty units.
(3) A licensee who sells liquor by taking orders over the telephone or by facsimile or by mail order, or who sells liquor through an internet site:(a) must, at the time at which an agreement for sale is made, require the prospective purchaser to supply the purchaser’s date of birth so as to confirm that the prospective purchaser is of or above the age of 18 years, unless the prospective purchaser has previously supplied the purchaser’s date of birth to the licensee, and(b) must give written instructions to the person responsible for delivery of the liquor, requiring that the liquor be delivered:(i) to the adult person who placed the order, or(ii) to another adult person at those premises who undertakes to accept it on behalf of the person who placed the order, or(iii) if the delivery is made on a day after the day the order is taken, or the sale made through an internet site, in accordance with the customer’s instructions.Maximum penalty: 20 penalty units.
(4) If delivery of any liquor sold in a manner described in this section is taken by a minor:(a) the delivery is taken to constitute a supply to which section 117 (2) applies, and(b) the licensee, and any person by whom the liquor was delivered on the licensee’s behalf, are each taken to have supplied the liquor contrary to section 117 (2).(5) A licensee who, in accordance with subsection (4), is prosecuted for an offence under section 117 (2) has a defence under this subsection if it is proved that the licensee:(a) complied with the requirements of subsection (3) in relation to the supply concerned, and(b) at the time of the alleged offence did not know, and could not reasonably be expected to have known, that the alleged offence was committed.(6) A person (not being a licensee) who, in accordance with subsection (4), is prosecuted for an offence under section 117 (2) has a defence under this subsection if it is proved that:(a) the person to whom the liquor was delivered was of or above the age of 14 years and, before the liquor was delivered, there was produced to the defendant 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, and(b) at the time of the alleged offence the defendant did not know, and could not reasonably be expected to have known, that the alleged offence was committed.(7) A minor must not take delivery of any liquor sold in a manner described in this section unless the minor was ordered or requested by his or her parent or guardian to take delivery of the liquor.Maximum penalty: 20 penalty units.
(8) A person must not order or request a minor to take delivery of liquor sold in a manner described in this section.Maximum penalty: 30 penalty units.
(9) This section does not apply to or in respect of the sale of liquor to persons authorised to sell liquor.
Division 2 Restricted alcohol areas
115 Declaration of restricted alcohol area
(1) The regulations may:(a) declare any area of the State that is specified in the regulations to be a restricted alcohol area for the purposes of this Act, and(b) restrict the sale, supply, possession or consumption of liquor on any premises (whether or not licensed premises) in any such restricted alcohol area.(2) Without limiting the restrictions that may be imposed, the regulations may restrict:(a) the trading hours for licensed premises in a restricted alcohol area, and(b) the kinds of liquor that may be sold or supplied, and the way in which liquor is sold or supplied, on licensed premises in a restricted alcohol area.(3) A restricted alcohol area may be declared in respect of an area that is an alcohol-free zone established under the Local Government Act 1993.(4) A regulation made under this Division has effect despite any other provision of this Act.(5) For the removal of any doubt, an offence under any other provision of this Act (including Part 2) is not prevented from applying in a restricted alcohol area merely because the regulations create offences for the purposes of this Division.
116 Provisions relating to making of regulations declaring restricted alcohol areas
(1) The following provisions apply in relation to any regulation that declares a specified area of the State to be a restricted alcohol area:(a) the Minister may recommend that the regulation be made only if the Authority, in response to a request by a group of persons:(i) who are seeking to have the area declared a restricted alcohol area, and(ii) who, in the opinion of the Authority, represent the interests of the community in that area,has recommended that the area should be declared a restricted alcohol area,(b) the Authority may not make such a recommendation unless it is satisfied, after consultation with:(i) the Commissioner for Police, and(ii) the council of each local government area in which the proposed restricted alcohol area would be located, and(iii) if the proposed restricted alcohol area has a recognised Aboriginal community—the Minister for Aboriginal Affairs, and(iv) such other persons as the Authority considers appropriate to consult (including representatives of the community that is likely to be affected by the declaration),that the proposed regulation is in the public interest and has the support of the majority of the community that is likely to be affected by the declaration.(2) A regulation made under this Division declaring an area of the State to be a restricted alcohol area must specify a period (not exceeding 3 years) during which the declaration is to have effect. The declaration ceases to have effect at the end of that specified period.(3) The regulations may prescribe other requirements that must be complied with before an area may be declared to be a restricted alcohol area.