For the purposes of the definition of responsible adult in section 4 (1) of the Act, a person who is of or above the age of 18 years and who, in relation to a minor, belongs to one or more of the following classes of persons is, in relation to the minor, a responsible adult for the purposes of the Act:(a) a parent, step-parent or guardian of the minor,(b) the minor’s spouse or any person who, although not legally married to the minor, ordinarily lives with the minor as the minor’s spouse on a permanent and domestic basis,(c) a person who is, for the time being, in loco parentis to the minor.
32A Minors functions authority
(1) For the purposes of section 111B of the Act, the appropriate member of the Police Service is a police officer who holds or is for the time being acting in the position of Patrol Commander of the area in which the relevant licensed premises are located.(2) For the purposes of section 111C of the Act, a minors functions authority is subject to the following conditions:(a) no liquor in the possession or under the control of the licensee is to be located in any function area or access area specified in the authority while a function is being held under the authority unless it is kept in a locked storage facility to which only the licensee or any employee of the licensee has access,(b) the licensee is to take all reasonable steps to prevent liquor from being brought into any function area or access area specified in the authority while a function is being held under the authority,(c) the licensee and any employee of the licensee must refuse to admit a minor to a function being held under the authority if the licensee or the employee reasonably suspects that the minor has recently consumed liquor,(d) the licensee is to take all reasonable steps to ensure that no person under the age of 15 years is admitted to a function held under the authority,(e) the licensee is to ensure that, while a function is being held under the authority, signs are displayed at any means of access from a function area or access area specified in the authority to any other area of the licensed premises indicating that minors attending the function must not enter that other area,(f) the licensee is to ensure that, while a function is being held under the authority, signs are displayed at any means of access to a function area or access area specified in the authority from any other area of the licensed premises indicating that liquor must not be brought into the function area or access area,(g) the licensee must ensure that no person (other than an adult who will be supervising the function, a person providing services for the function or an employee of the licensee) is admitted to a function held under the authority without a ticket purchased from the licensee or an agent of the licensee before the function,(h) the licensee must ensure that at any time during a function held under the authority the number of persons in any function area or access area specified in the authority does not contravene any requirement of the relevant approval of the area as a place of public entertainment under the Local Government Act 1993,(i) any function held under the authority is to end no later than midnight on the day on which the function is held unless the court imposes a condition on the authority requiring such functions to end earlier than that time,(j) the licensee is to ensure that all minors attending any function held under the authority leave the licensed premises within 15 minutes after the end of the function,(k) any advertising for a function to be held under the authority is to indicate that the function will be alcohol-free, that adult supervision will be provided, that entry will be by way of pre-sold ticket only and that any minor who is suspected of having consumed alcohol or of being under the age of 15 years will not be admitted to the function,(l) the licensee is to keep a register specifying the dates on which functions are held under the authority, the nature of each of the functions, the number of minors who attended each of the functions and the number of adults supervising each of the functions,(m) the licensee is to give written notice of the holding of a function under the authority to the appropriate member of the Police Service referred to in subclause (1) at least 7 clear days before the function is held.
33 Sale or supply of liquor to minors—notice to be displayed
(1) A licensee must cause a notice in the following form to be displayed in the licensed premises:LIQUOR ACT 1982
IT IS AN OFFENCE TO SELL OR SUPPLY TO OR TO OBTAIN LIQUOR ON BEHALF OF A PERSON UNDER THE AGE OF 18 YEARS
(2) The words contained in the notice must be in capital letters not less than one centimetre in height.(3) The notice must be prominently displayed:(a) in the case of premises where liquor is sold at a bar or counter—at the bar or counter, in such a manner and in such a position that a person standing at the bar or counter would reasonably be expected to be alerted to its contents, and(b) in the case of premises where liquor is not sold at a bar or counter but is otherwise sold—at or near every entrance by which members of the public may enter the premises, in such a manner and in such a position that a person coming in by the entrance would reasonably be expected to be alerted to its contents.(4) Despite subclause (1), a notice that complied with clause 24A of the Liquor Regulation 1983, as in force immediately before 1 September 1996, may continue to be used until the expiration of 4 years and 6 months from that date or until the date the notice is replaced, whichever happens first.Maximum penalty (subclauses (1)–(3)): 20 penalty units.
33A Sale of liquor through an internet site—notice to be displayed
(1) For the purposes of section 116C (3C) of the Act, the prescribed form of notice that must be displayed at all times on an internet site through which a licensee offers liquor for sale is as follows:LIQUOR ACT 1982
IT IS AN OFFENCE TO SELL OR SUPPLY TO OR TO OBTAIN LIQUOR ON BEHALF OF A PERSON UNDER THE AGE OF 18 YEARS
(2) The words contained in the prescribed form must be big enough to ensure that a person accessing the internet site would reasonably be expected to be alerted to the contents of the sign.Note. Schedule 1 to the Act (Savings and transitional provisions) provides that section 116C (3C) of the Act does not apply to an internet site that existed at the date of commencement of that subsection (that is, at 1 September 2000) until 6 months after that date (that is, 1 March 2001).
34 Restricted areas in hotels—notice to be displayed
(1) For the purposes of section 116C (1) (a) of the Act, a notice referred to in that paragraph must be in the following form:LIQUOR ACT 1982
IF YOU ARE UNDER 18 YOU ARE NOT PERMITTED BY LAW IN THIS AREA OF THE HOTEL
(2) The words contained in the notice must be in capital letters not less than one centimetre in height.(3) The notice must be displayed in such a manner and in such a place that it would be reasonable to expect that a person entering the part of the premises in which the notice is displayed would reasonably be expected to be alerted to its contents.(4) Despite subclause (1), a notice that complied with clause 25 of the Liquor Regulation 1983, as in force immediately before 1 September 1996, may continue to be used until the expiration of 4 years and 6 months from that date or until the date the notice is replaced, whichever happens first.
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35 Use of part of hotel by accompanied minors—notice to be displayed
(1) For the purposes of section 116C (1) (b) of the Act, a notice referred to in that paragraph must be in the following form:LIQUOR ACT 1982
IF YOU ARE UNDER 18 YOU ARE BY LAW NOT PERMITTED TO BE IN THIS AREA OF THE HOTEL UNLESS YOU ARE IN THE COMPANY AND IMMEDIATE PRESENCE OF A RESPONSIBLE ADULT
(2) The words contained in the notice must be in capital letters not less than one centimetre in height.(3) The notice must be displayed in such a manner and in such a place that it would be reasonable to expect that a person entering the part of the premises in which the notice is displayed would reasonably be expected to be alerted to its contents.(4) Despite subclause (1), a notice that complied with clause 26 of the Liquor Regulation 1983, as in force immediately before 1 September 1996, may continue to be used until the expiration of 4 years and 6 months from that date or until the date the notice is replaced, whichever happens first.
36 Nightclub trading during nightclub trading period—notice to be displayed
(1) For the purposes of section 116C (3) of the Act, a notice referred to in that subsection must be in the following form:LIQUOR ACT 1982
IF YOU ARE UNDER 18 YOU ARE BY LAW NOT PERMITTED TO ENTER (OR BE IN) THIS NIGHTCLUB AFTER 8 PM UNLESS YOU ARE IN THE COMPANY AND IMMEDIATE PRESENCE OF A RESPONSIBLE ADULT
(2) The words contained in the notice must be in capital letters not less than one centimetre in height.(3) The notice must be displayed at or near the entrance to the nightclub and in such manner that it would be reasonable to expect that a person entering the nightclub would reasonably be expected to be alerted to its contents.(4) (Repealed)
36A Restaurant trading during restaurant restricted period—notice to be displayed
(1) For the purposes of section 116C (3A) of the Act, a notice referred to in that subsection must be in the following form:If you are under 18 you are by law not permitted to enter (or be in) this restaurant at any time between 10 pm and 6 am unless you are in the company and immediate presence of a responsible adult.
(2) The wording in the notice must be legible and prominent.(3) The notice must be displayed at or near the main public entrance to the restaurant and in such a manner that it would be reasonable to expect that a person entering the premises would reasonably be expected to be alerted to the contents of the notice.(4) Despite subclause (1), the wording required to appear in a notice under this clause may appear (as a separate and distinct statement) in a notice required under clause 24E (Display of notice advising public of dine-or-drink authority), provided that the requirements of both clauses are otherwise complied with.
36B Community liquor licence—notice to be displayed
(1) For the purposes of section 116C (3B) of the Act, a notice referred to in that subsection must be in the following form:If you are under 18 you are by law not permitted to enter (or be in) these premises at any time they are open for the sale or supply of liquor unless you are in the company and immediate presence of a responsible adult.
(2) The wording in the notice must be legible and prominent.(3) The notice must be displayed at or near the main public entrance to the premises and in such a manner that it would be reasonable to expect that a person entering the premises would reasonably be expected to be alerted to the contents of the notice.
A document of one of the following classes is, for the purposes of section 117E of the Act, evidence that a person holding the document is at least 18 years of age, but only if the document bears a photograph of the person and indicates (by reference to the person’s date of birth or otherwise) that the person is of or above that age (and only if the document has not expired and otherwise appears to be in force):(a) a motor vehicle driver’s or rider’s licence or permit issued by the Roads and Traffic Authority or by the corresponding public authority of the Commonwealth, of some other State or Territory or of some other country,(b) a “proof of age” card issued by the Roads and Traffic Authority or by the corresponding public authority of the Commonwealth or of some other State or Territory,(c) a passport issued by the Commonwealth or under the law of some other country,(d) a Photo Card issued under the Photo Card Act 2005.
38 Denial of allegation as to age
For the purposes of section 140 (2) of the Act, an allegation in an information is denied as prescribed if it is denied:(a) at any adjournment prior to the commencement of the hearing of the information—by informing the court, the informant or a person appearing for the informant in writing of the denial, or(b) at any time not later than 14 days before the hearing of the information—by informing the informant or a person appearing for the informant in writing of the denial.